
Class l-h^ ^^ '2 S 
Book . I1&^ 



u 



STATE OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 



Comprising all the Laws in Force Tertaining to Ttiblic 

Schools, State Educational Institutions, School 

Lands and Public Lands Appropriated 

to the Use of the State Educational 

Institutions, with <iAppendices 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

W. L. STOCKWELL, Superintendent 

JUNE, 1909 



Tublished by t/luthority 



BISMARCK. N. D. 

TKIBUNE, PRINTERS AND BINDERS 
1909 



\ ' ^ ' ' ' ' - ' 

STATK OF NORTH DAKOTA 



GENERAL SCHOOL LAWS 



Comprising all the Laws in Force T^eriaining to Tublic 

Schools, State Educational Institutions, School 

Lands and Public Lands Appropriated 

to the Use of the State Educational 

Institutions, with ^Appendices 



PUBLISHED BY 

DEPARTMENT OF PUBLIC INSTRUCTION 

W. L. STOCKWELL, Superintendent 

JUNE, 1909 



'Published hy ^iithon'tp 



BISMARCK. N. D. 

TRIBUNE, PRINTERS AND BINDERS 
1909 



^>'^l k.0. 



l3^ 



s'^^< 



^^\ 



THIS VOLUME IS STATE PROPERTY. 



And is for the use of 

of School District No 

County of State of North Dakota. 



School officers on retiring' from office are required by law to de- 
liver this volume, with all other books and documents of an official 
character, to their successors in office. ' 



INTRODUCTORY 



This compilation of the General School Laws is authorized by 
section 756 of the Revised Codes of 1905, and is designated to in- 
clude all provisions relating to education at present in force which 
make the laws governing the complete school system of the state. 
It embraces the laws pertaining to the public schools, the state edu- 
cational institutions, and the lands appropriated to the use of the 
public schools and the state educational institutions. 

The compilation contains all general laws in full as appear in the 
code, amended or extended by the legislative assembly of 1907 and 
1909. Special acts are referred to by title only. i 

Special laws, designated by title only, laws pertaining to„specula- 
tion in office and to penalty for failure to make reports, the filing of 
bond of school district treasurer, bonds for labor and material for 
public buildings and the decisions of the supreme court of the ter- 
ritory of Dakota and of the state of North Dakota pertaining to 
school matters are to be found in the appendices. 

A calendar will also be found in the appendices which may be of 
assistance to school officers in the timely discharge of their duties. 

W. L. STOCKWELL, 
' Superintendent of Public Instruction. 

Bismarck, N. D., June 1, 1909. 



CONGRESSIONAL ENACTMENT 



ORGANIC LAW 

NARCOTICS 

Section 75. The nature of alcoholic drinks and narcotics, and 
special instruction as to their effects upon the human system, in 
connection with the several divisions of the subject of ph3^siology 
and hygiene, shall 'be included in the branches of study taught in 
the common or public schools, and in the military and naval schools, 
and shall be studied and taught as thoroughly and in the same 
manner as other like required branches are in said schools, by the 
use of text books in the hands of pupils where other branches are 
thus studied in said schools, and by all pupils in all said schools 
throughout the territories in the military and naval academies of 
the United States and in the District of Columbia and in all In- 
dian and colored schools in the territories of the United States. 

Sec. 76. It shall be the duty of the proper officers in control of 
any school described in the foregoing section to enforce the pro- 
visions of this act ; and any such officer, school director, committee, 
superintendent or teacher who shall refuse or neglect to comply with 
the requirements of this act or shall neglect or fail to make proper 
provisions for the instruction required and in the manner specified 
by the first section of tliis act, for all the pupils in each and every 
school under his jurisdiction, shall be removed from office and the 
vacancy filled as in other cases. 

Sec. 77. No certificate shall be granted to any person to teach 
in the public schools of the District of Columbia or territories, af- 
ter the first day of January, anno Domini eighteen hundred and 
eighty-eight, who has not passed a satisfactory examination in 
physiology and hygiene, with special reference to the nature and 
effects of alcoholic dn'nks and other narcotics upon the human 
system. 

Act of congress approved IMay 20, 1886. (See, also, sections 774 and 
883, post.) 

RESERVATION OF SCHOOL LANDS. 

Sec. 88. Sections numbered sixteen and thirty-six in each 
township of the territories of * * * Dakota * * * shall 
be reserved for the purpose of being applied to schools in the sev- 
eral territories herein named, and m the states and territories here- 
after to be erected out of the same. 

Section 1846 R. S. U. S., 1874, approved March 2, 1861. (See, also, 
Enabling Act, section 10, post.) 



GENERAL SCHOOL LAWS 



ENABLING ACT. 
(Approved February 22, 1889.) 

Sec. 4. (Proz'iding for the Constitutional Conventions for 
North Dakota, South Dakota, Montana and Washington. And 
said convention shall provide b)'- ordinances irrevocable without 
the consent of the United States and the people of said states : 

Fourth. That provision shall be made for the establishment and 
maintenance of systems of public schools, which shall be open to 
all children of said states, and free from sectarian control. 

Sec. 10. That upon the admission of each of said states into 
the union, sections numbered sixteen and thirty-six I'n every town- 
ship of said proposed states, and where such sections or any parts 
thereof have been sold or otherwise disposed of by or under the 
authority of any act of congress, other lands equivalent thereto, in 
legal subdivisions of not less than one-quarter section * * * ^j-g 
hereby granted to said states for the support of common schools. 

Sec. 11. That all lands herein granted for educational purposes 
shall be disposed of only at public sale, and at a price not less than 
$10 per acre, the proceeds to constitute a permanent school fund, 
the interest of which only shall be expended in the support of said 
schools. But said lands may, under such regulations as the legis- 
lature shall prescribe, be leased for periods of not more than five 
years, in quantities not exceeding one section to any one person or 
company, and such lands shall not be subject to pre-emption, home- 
stead entry, or any other entry under the land laws of the United 
States, whether surveyed or unserveyed, but shall be reserved for 
school purposes only. 

Sec. 13. That five per centum of the proceeds of the sales of 
public lands lying within said states which shall be sold by the 
United States subsequent to the admission of said states into the 
union, after deducting all expenses incident to the same, which shall 
be paid to the said states, to be used as a permanent fund, the in- 
terest of which only shall be expended for the support of common 
schools within said states, respectively. 

Sec. 14. That the lands granted to the territories of Dakota and 
Montana by the act of February 18, 1881, * * '* are hereby 
vested in the states of South Dakota, North Dakota and Montana 
respectively, * * * to the extent of the full quantity of 
seventy-two sections to each of said states, * >!: * j^^^ said 
act of February 18, 1881, shall be so amended as to provide that 
none of said lands shall be sold for less than $10 per acre, and the 
proceeds shall constitute a permanent fund to be safely invested 
and held by said states severally, and the income thereof be used 
exclusively for university purposes. .* * * None of the lands 
granted in this section shall be sold at less than $10 per acre; but 



STATE OF NORTH DAKOTA 9 

said lands may be leafed in the same manner as provided in sec- 
tion 11 of this act. The schools, colleges and universities provided 
for in this act shall forever remain under the exclusive control of 
the said states, respectively, and no part of the proceeds arismg from 
the sale or disposal of any lands herein granted for educational pur- 
poses shall be used for the support of any sectarian or denomina- 
tional school, college, or university. !* * * 

Sec. K). That 90,000 acres of land, to be selected and located as 
provided in section 10 of this act, are hereby granted to each of said 
states, except to the state of South Dakota, to which 120,000 acres 
are granted, for the use and support of agricultural colleges in said 
states, as provided in the acts of congress making donations of lands 
for such purpose. 

Sec. 17. That in lieu of the grant of land for purposes of internal 
improvement made to new states by the eighth section of the act of 
September 4, 1811, which act is hereby repealed as to the states pro- 
vided for by this act, and in lieu of any claim or demand by the said 
states, or either of them, under the act of September 28, 1850, and 
section 2179 of the revised statutes, making a grant of swamp and 
overflowed lands to certain states, which grant it is hereby declared 
is not extended to the states provided for in this act, and in lieu of 
any grant of saline lands to said states, the following grants of 
lands are hereby made, to-wit. 

To the State of South Dakota : For the school of mines, 40,000 
acres ; for the reform school 40,000 acres ; for the deaf and dumb 
asylum, 40,000 acres ; for the agricultural college, 40,000 acres ; for 
the university. 40,000 acres ; for the state normal schools, 80,000 
acres ; for public buildings at the capital of said state, 50,000 acres, 
and for such other educational and charitable purposes as the legisla- 
ture of said state may determine. 170.000 acres ; in all -500,000 acres. 

To the State of North Dakota a like quantity of land as in this 
section granted to, the state of South Dakota and to be for like pur- 
poses, and in like proportion as far as practicable. 



CONSTITUTIONAL PROVISIONS 

[Adopted October 1, li 



PREAMBLE. 

We the people of North Dakota, grateful to Almighty God for 
the blessings of civil and religious liberty, do ordain and establish 
this Constitution. 

ARTICLE II. 

The Legislative Department. 

Cec. 69. The legislative assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say: 

12. Providing for the management of common schools. 
ARTICLE III. 

Sec. 82. There shall be chosen by the cpalified electors of the 
state at the time and places of choosing members of the legisla- 
tive assembly a * ''' * superintendent of public instruction 
* * * who shall have attained the age of twenty-five years, 
shall be a citizen of the United States, and shall have the quali- 
cations of state! electors. They shall severally hold their offices 
at the seat of government for the term of two years and until 
their successors are elected and duly qualified. 

Sec. 83. The powers and duties of the * * * superin- 
tendent of public instruction, * * * shall be as prescribed by 
law. ; 

Sec. 84. Until otherwise provided by law, the * * superin- 
tendent of public instruction, * * shall each receive an annual 
salary of $2,000 ; * * but the salary of any of said officers shall 
not be increased or diminished during the period for which they 
shall have been elected, and all fees and profits arising from any 
of the said offices shall be covered into the state treasury. 

ARTICLE V. 

ELECTIVE FRANCHISE. 

Sec. 121, (Amended.) Every male person of the age of 
twenty-one years or upwards belonging to either of the following 
classes, who shall have resided in the state one year, and in the 



STATE OF NORTH DAKOTA H 

county six months, and in the precinct ninety days next preceding 
any election, shall be deemed a qualified elector at such election. 

First — Citizens of the United States. 

jSecond — Civilized persons of Indian descent who shall have 
severed their tribal relations two years next preceding such elec- 
tion. 
{See sec. 480 Rerised Codes, also State v. Denoyer, 6 A^. D. 586.) 

Sec. 123. Electors shall in all cases except treason, felony, 
breach of the peace or illegal voting, be privileged from arrest on 
the days of election during their attendance at, going to and re- 
turning from such election, and no eletcor shall be obliged to per- 
form military duty on the day of election except in time of war 
or public danger. 

Sec. 125. Nb elector shall be deemed to have lost his residence 
in this state by reason of his absence on business of the United 
States or of this state, or in the military or naval service of the 
United States. 

Sec. '126. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in con- 
sequence of his being stationed therein. 

Sec. 127. (Aine)ided.) No person who is under guardian- 
ship, non compos mentis or insane, shall be qualified to vote at any 
election ; nor shall any person convicted of treason or felony, un- 
less restored to civil rights ; and the legislature shall by law estab- 
lish an educational test as a qualification, and may prescribing penal- 
ties for failing, neglecting or refusing to vote at any general election- 
Sec. 128. Any woman having the qualifications enumerated in sec- 
tion 121 of this article as to age, residence and citizenship, and 
including those now qualified by the laws of the territory, may 
vote for all school officers, and upon all questions pertaining solely 
to school matters, and be eligible to any school office. ' 

Sec. 129. All ei^ctions by the people shall be by secret ballot 
subject to such regulations as shall be provided by law. 

ARTICLE VIII. 

EDUCATION. 

Sec. 147. A high degree of intelligence, patriotism, integrity 
and morality on the part of evry voter in a government by the 
people being necessary in order to insure the continuance of that 
government and the prosperity and happiness of the people, the 
legislative assembly shall make provision for the establishment 
and maintenance of a system of public schools which shall be 
open to all children of the state of North Dakota and free from 
sectarian control. The legislative requirements shall be irrevo- 
cable without the consent of the United States and the people of 
North Dakota. (See See. 783, post.) 



12 GENERAL SCHOOL LAWS 

Sec. 148. The legislative assembly shall provide at its first 
session after the adoption of this Constitution for a uniform sys- 
tem of free public schools throughout the state; beginning with 
the primary and extending through all grades up to and including 
the normal and collegiate course. : 

Sec. 149. In all schools instruction shall be given as far as 
practicable, in those branches of knowledge that tend to impress 
upon the mind the vital importance of truthfulness, temperance, 
purity, public spirit, and respect for honest labor of every kind. 

Sec. 150. A superintendent of schools for each county shall be 
elected every two years, whose qualifications, duties, powers and 
compensation shall be fixed by law. 

Sec. 151. The legislative assembly shall take such other steps 
as may be necessary to prevent illiteracy, secure a reasonable de- 
gree of uniformity in course of study and to promote industrial, 
scientific and agricultural improvement. 

Sec. 152. All colleges, universities and other eduactional in- 
stitutions, for the support of which lands have been granted to 
this state, or which are supported by a public tax, shall remain 
under the absolute and exclusive control of the state. No money 
raised for the support of the public schools of the state shall be 
appropriated to or used for the support of any sectarian school. 

. ARTICLE IX. 

SCHOOL AND PUBLIC LANDS. 

Sec. 153. All proceeds of the public lands that have heretofore 
been or may hereafter be granted by the United States for the sup- 
port of the common schools in this state ; all such per centum as 
may be granted by the United States on the sale of public lands; 
the proceeds of property that shall fall to the state by escheat ; 
the proceeds of all gifts and donations to the state for common 
schools, or not otherwise appropriated by the terms of the gift, 
and all other property otherwise acquired for common schools, 
shall be and remain a perpetual fund for the maintenance of the 
common schools of the state. It shall be deemed a trust fund, 
the principal of which shall forever remain inviolate, and may be 
increased but never diminished. The state shall make good all 
losses thereof. {See sec. 164.) 

Sec. 154. The interest and income of this fund, together with 
the net proceeds of all fines for violation of state laws, and all 
other sums which may be added thereto by law shall be faithfully 
used and applied each year for the benefit of the common schools 
of the state, and shall be for this purpose apportioned among and 
between all the several common school corporations of the state 
in proportion to the number of children in each of school age, as 
may be fixed by law, and no part of the fund shall ever be di- 



STATE OF NORTH DAKOTA 13 

verted even temporaril)^ from this purpose, or used for any other 
purpose whatever than the maintenance of common schools for 
the equal benefit of all the people of the state; provided, however, 
that if any portion of the interest or income aforesaid be not ex- 
pended during the year, said portion shall be added to and become 
a part of the school fund. 

Sec. 155. After one year from the assembling of the first leg- 
islative assembly, the lands granted to the state from the United 
States for the support of the common schools, may be sold upon 
the following conditions, and no other : No more than one-fourth 
of all such lands shall be sold within the first five years after the 
same become saleable by virtue of this section, i No more 
than one-half of the remainder within ten years after the same be- 
come saleable as aforesaid. The residue may be sold at any time 
after the expiration of said ten years. The legislative assembly 
shall provide for the sale of all school lands subject to the pro- 
visions of this article. The coal lands of the state shall never be 
sold, but the legislative assembly may by general laws provide for 
leasing the same. The words "coal lands" shall include lands 
bearing lignite coal. 

Sec. 156. The superintendent of public instruction, governor, 
attorney general, secretary of state and state auditor shall con- 
stitute a board of commissioners, which shall be denominated the 
"Board of University and School Lands," and subject to the pro- 
visions of this article and any law that may be passed by the leg- 
islative assembly, said board shall have control of the appraise- 
ment, sale, rental and disposal of all school and university lands, 
and shall direct the investment of the funds arising therefrom in 
the hands of the state treasurer, under the limitations in section 
IGO of this article. 

Sec. 157. The county superintendent of common schools, the 
chairman of the county board and the county auditor shall con- 
stitute boards of appraisal, and under the authority of the state 
board of university and school lands shall appraise all school lands 
within their respective counties, which they may from time to time 
recommend for sale, at their actual value, under the prescribed 
terms, and shall first select and designate for sale the most valu- 
able lands. 

Sec. 158. 'No lands shall be sold for less than the appraised 
value, and in no case for less than ten dollars per acre. The 
purchaser shall pay one-fifth of the price in cash, and the remain- 
ing four-fifths as follows : One-fifth in five years, one-fifth in ten 
years, one-fifth in fifteen years and one-fifth in twenty years, with 
interest at the rate of not less than six per centum, payable an- 
nually in advance. All sales shall be held at the county seat for 
the county in which the land to be sold it situate, and shall be 
at public auction, and to the highest bidder, after sixty days' 



14 GENERAL SCHOOL LAWS 

advertisement of the same in a newspaper of general circulation 
in the vicinity of the lands to be sold, and one at the seat of gov- 
ernment. Such lands as shall not have been specially subdivided 
shall be offered in tracts' of one-quarter section, and those so sub- 
divided in the smallest sub-divisions. All lands designated for sale 
and not sold within two years after appraisal shall be reappraised 
before they are sold. No grant or patent for any such lands shall 
issue until payment is made for the same; provided, that the lands 
contracted to be sold by the state shall be subject to taxation from 
the date of such contract. In case the taxes assessed against any 
of said lands for any year remain unpaid until the first Monday 
in October of the following year, then and thereupon the contract 
for sale of such lands shall become null and void. 

Sec. 159. All lands, money or other property, donated, granted 
or received from the United States or any other source for a uni- 
versity, school of mines, reform school, agricultural college, deaf 
and dumb asylum, normal school, or other educational or charitable 
institution or purpose, and the proceeds of all such lands and other 
property so received from any source shall be and remain perpetual 
funds, the interest and income of which together with the rents 
of all such lands as may remain unsold, shall be invioably appro- 
'priated and applied to the specific object of the original grants or 
gifts. The principal of every such fund may be increased but shall 
never be diminished, and the interest and income only shall be 
used. /Every such fund shall be deemed a trust fund held by the 
state, and the state shall make good all losses thereof. (See Sec. 
164.) 

Sec. 160. All lands mentioned in the preceding section shall 
be appraised and sold in the same manner and under the same 
limitations and subject to all the conditions as to price and sale 
as provided above for the appraisal -and 'sale of' lands for the benefit 
of common schools ; but a distinct and separate account shall be kept 
by the proper officers of each of said funds ; provided, that the 
limitations as to the time in which school lands may be sold shall 
apply only to lands granted for the support of common schools. 

;Sec. 161. The legislative assembly shall have authority to pro- 
vide by law for the leasing of lands granted to the state for edu- 
cational and charitable purposes ; but no such laws shall authorize 
the leasing of said lands for a longer period than five years. Said 
larids shall only be leased for pasturage and meadow purposes and 
at a public auction after notice as heretofore provided in case of 
sale ; provided, that all of said school lands now under cultivation 
may be leased at the discretion and under the control of the board 
of university and school lands for other than pasturage and meadow 
purposes until sold. All rents .-shall be paid in advance. 



STATE OF NORTH DAKOTA 15 

Sec. 163. The moneys of the permanent school fund and other 
educational funds shall be invested only in bonds of school cor- 
porations within the state, bonds of the United States, bonds of 
the state of North Dakota, or in first mortgages on farm lands in the 
state not exceeding in amount one-third of the actual value of any 
subdivision on which the same may be loaned, such value to be 
determined by the board of appraisers of school lands. 

)Sec. 163. No law shall ever be passed by the legislative assem- 
bly granting to any person, corporation or association any privileges 
by reason of the occupation, cultivation or improvement of any 
public lands by said person, corporation or association subsequent 
to the survey thereof by the general government. No claim for 
the occupation, cultivation or improvement of any public lands 
shall ever be recognized, nor shall such occupation, cultivation or 
improvement of any public lands ever be used to diminish, either 
directly or indirectly, the purchase price of said lands. 

Sec. 164. The legislative assembly shall have authority to pro- 
vide by law for the sale or disposal of all public lands that have 
been heretofore, or may hereafter be granted by the United States 
to the state for purposes other than set forth and named in sec- 
tions 153 and 159 of this article. And the legislative assembly 
in providing for the appraisement, sale, rental and disposal of 
the same, shall not be subject to the provisions or limitations of 
this article. 

Sec. 165. The legislative assembly shall pass suitable laws for 
the safe-keeping, transfer and disbursement of the state school 
funds, and shall require all officers charged with the same or the 
safe-keeping thereof to give ample bonds for all moneys and funds 
received by them, and if any of said officers shall convert to his own 
use in any manner or form, or shall loan, with or without interest 
or shall deposit in his own name, or otherwise than in the name of 
the state of North Dakota, or shall deposit in any bank or with any 
person or persons, or exchange for other funds or property and por- 
tion of the school funds aforesaid,' or purposely allow any portion of 
the same to remain in his own hands uninvested except in the man- 
ner prescribed by law, every such act shall constitute an embezzle- 
ment of so much of the aforesaid school funds as shall be thus taken 
or loaned, or deposited, or exchanged, or withheld, and shall be a 
felony ; and any failure to pay over, produce or account for the 
state school funds or any part of the same entrusted to any such 
officer, *as by law required or demanded, shall be held and be taken 
to be prima facie evidence of such embezzlement. 

ARTICLE XII. i 

PUBLIC DEBT AND PUBLIC WORKS. 

Sec. 183. iThe debt of any county, township, town, school dis- 
trict or any other political subdivision, shall never exceed five per 



16 GENERAL SCHOOL LAWS 

centum upon the assessed value of the taxable property therein; 
provided, that any incorporated city may by a two-thirds vote in- 
crease such indebtedness three per centum on such assessed value 
beyond said five per cent limit. In estimating the indebtedness 
which a city, county, township, school district or any other politi- 
cal subdivision may incur, the entire amount of existing indebted- 
ness, whether contracted prior or subsequent to the adoption of 
this constitution shall be included ; * * * All bonds or obli- 
gations in excess of the amount of indebtedness permitted by this 
constitution, given by any city, county, township, town, school dis- 
trict or other political subdivision, shall be void. 

Sec. 184. Any city, county, township, town, school district, or 
any other political subdivision incurring indebtedness shall, at or 
before the time of so doing, provide for the collection of an an- 
nual tax sufficient to pay the interest and also the principal thereof 
when due, and all laws or ordinances providing for the payment 
of the interest or principal of any debt shall be irrepealable until 
such debt be paid. 

Sec. 185. Neither the state nor any county, city, township, town, 
school district or any other political subdivision shall loan or give 
its credit or make donations to or in aid of any individual, asso- 
ciation or corporation, except for necessary support of the poor, 
nor subscribe to or become the owner of the capital stock of any 
association or corporation. ». * * 

Sec. 186. * * * No bills, claims, accounts 

or demands against the state, or any county or other political subdi- 
vision, shall m.e audited, allowed or paid until a full itemized state- 
ment in writing shall be filed with the officer or officers whose duty 
it may be to audit the same. 

Sec. 187. * * * No bond or evidence of 

debt of any county, or bond of any township or other political sub- 
division shall be valid unless the same have endorsed thereon a 
certificate signed by the county auditor, or other officer authorized 
by law to sign such certificate, stating that said bond, or evidence 
of debt, is issued pursuant to law and is within the debt limit. 

ARTICLE XIX. 

PUBLIC INSTITUTIONS. 

Sec. 215. (Amended.) The following public institutions of the 
state are permanently located at the places hereinafter named, each 
to have the lands specifically granted to it by the United States in 
the act of congress approved February 22, 1889, to be disposed of 
and used in such manner as the legislative assembly may prescribe, 
subject to the limitations provided in the article on school and pub- 
lic lands contained in this constitution : * * * 

Second. The state university and the school of mines at the city 
of Grand Forks, in the county of Grand Forks. 



STATE OF NORTH DAKOTA 17 



Third. The agricultural college at the city of Fargo, in the 
county of Cass. 

Fourth. A state normal school at the city of Valley City, in the 
county of Barnes; and the legislative assembly in apportioning the 
grant of 80,000 acres of land for normal schools made in the act of 
congress referred to, shall grant to the said normal school at Valley 
City aforementioned 50,000 acres, and said lands are hereby appro- 
priated to said institution for that purpose. 

*Fifth. The school for the deaf and dumb of North Dakota at 
the city of Devils Lake in the county of Ramsey. 

* * * ^ : >>: * ^ 

Seventh. A state normal school at the city of Mayville in the 
county of Traill; and the legislative assembly in apportioning the 
grant of land made by congress in the act aforesaid for state normal 
schools, shall assign 30,000 acres to the institution hereby located at 
Mayville, and said lands are hereby appropriated for said pur- 
pose. 

Eighth. A state hospital for the insane at the city of Jamestown, 
in the county of Stutsman. And the legislative assembly shall ap- 
propriate twenty thousand acres of the grant of lands made by the 
act of congress aforesaid for "other educational and charitable in- 
stitutions," to the benfit and for the endowment of said institution, 
and there shall be located at or near the city of Grafton, I'n the 
county of Walsh, an institution for the feeble minded, on the 
grounds purchased by the secretary of the interior for a peniten- 
tiary building. 

******* 

Sec. 216. The following named public institutions are hereby 
permanently located as hereinafter provided, each to have so much 
of the remaining grant of 170,000 acres of land made by the 
United States for "other educational and charitable institutions," 
as is allotted by law, viz. : 

Second. A blind asylum, or such other institution as the legisla- 
tive assembly may determine, at such place in the county of Pem- 
bina as the qualified electors of said county may determine at an 
election to be held as prescribed by the legislative assembly, with a 
grant of 30,000 acres. 

Third. An industrial school and school for manual training, or 
such other educational or charitable institution as the legislative 
assembly may provide, at the town of Ellendale, in the county of 
Dickey, with a grant of 40,000 acres. 

Fourth. A school of forestry, or such other institution as the 
legislative assembly may determine, at such place in one of the 
counties of McHenry, Ward, Bottineau or Rolette as the electors 
of said counties may determine by an election for that purpose, to 
be held as provided by the legislative assembly. 

—2— 



18 GENERAL SCHOOL LAWS 

Fifth. A scientific school, or such other educational or chari- 
table institution as the legislative assembly may prescribe, at the 
city of Wahpeton, county of Richland, with a grant of 40,000 
acres; provided, that no other institution of a character similar to 
any one of those located by this article shall be established or main- 
tained without a revision of this constitution. 



GENERAL SCHOOL LAWS 

OF THE 

STATE OF NORTH DAKOTA 

FROM THE REVISED CODES OF 1905 
AND FROM THE SESSION EAWSOF 1907 AND 1909 



Term 2 years. 



CHAPTER 9, POLITICAL CODE. 

Article 1. — Superintendent of Public Instruc- 
tion. 

Sec. 747. QUALIFICATIONS OF, TERM OF Election. 
OFFICE. — There shall be elected by the qualified 
electors of the state at the time of choosing members 
of the legislative assembly, a superintendent of public 
instruction, who shall have attained the age of twenty- 
five years and who shall have the qualifications of an Qualifications, 
elector for that office, and be the holder of a state 
certificate of the highest grade, issued in this state, 
or a graduate of some reputable university, college or 
normal school. He shall hold his office at the seat of 
government for the term of two years commencing 
on the first Monday in January following his election 
and until his successor is elected and qualified. 

Sec. 748. TO PRESERVE MISCELLANEOUS 
DOCUMENTS.— He shall preserve in his office all 
books, maps, charts, works on education, school reports 
and school laws of other states and cities, plans for 
school buildings and other articles of educational in- 
terest and value which may come into hi's possession 
as such officer, and at the expiration of his term he 
shall deliver them together with the reports, state- 
ments, records and archives of his office to his suc- 
cessor. 

Sec." 749. SUPERVISION OF SCHOOLS.— He 
shall have the general superivision of the public- 
schools of the state and shall be ex-officio member of 
the board of university and school lands and of the 
normal school boards of the state. 

Sec. 750. TO FURNISH SCHOOL SUPPLIES, 
BLANKS. ETC.. AND TO ESTABLISH CIRCU- 
LATING LIBRARIES.— He shall prepare, cause to 



Records 
served. 



pre- 



Powers. 



Blanks, etc. 



20 



GENERAL SCHOOL LAWS 



List of books. 



Traveling 
libraries. 



Appropriation. 



be printed and furnish to the proper officers or persons 
all district clerks' record books and warrant books, 
school treasurers' record books, school registers, re- 
ports, statements, notices and returns needed or re-- 
quired to be used in the schools or by the school offi- 
cers of the state. He shall prepare and furnish to 
school officers, through the county superintendents, 
lists of publications approved by him as suitable for 
district libraries; such lists shall contain also the low- 
est price at which eacl^publication can be purchased 
and such other information relative to the purchase 
of district libraries as he may deem requisite. He 
shall also select and purchase books suitable for dis- 
trict libraries, and cause the same to be circulated as 
traveling libraries under such rules and regulations 
as he may prescribe. And for the purpose of select- 
ing and purchasing such books there is hereby ap- 
propriated the sum of seven hundred and fifty dol- 
lars annually, to be paid by warrant of the state audi- 
tor on the state treasurer, upon the presentation, of 
itemized bills in due form, duly approved by the sup- 
erintendent of public instruction. {See Sec. 822, 
post.) 

Sec. 751. EXAMINATIONS AND TEACHERS' 
CERTIFICATES. — He shall prepare or cause to be 
prepared all questions to be used in the examination of 
applicants for teachers' certificates, prescribe the rules 
and regulations for conducting such examinations 
and issue or revoke state certificates as provided in 
this chapter. 

Sec. 752. PRESCRIBE COURSE OF STUDY. 
— He shall prepare and prescribe a course of study 
for all the public and normal schools of the state and 
the course of study, training and practice of the pro- 
fessional department of schools, designated and sup- 
ported wholly or in part by the state. 

Sec. 753. RULES FOR TEACHERS' INSTI- 
TUTES. — He shall prescribe rules and regulations 
for the holding of teachers' institutes and 'teachers' 
training schools, and after counseling and advising 
with county superintendent, shall appoint conductors 
therefor. He shall prescribe the course of instruction 
for teachers' institutes and for teachers' training 
schools, and the course of reading for the teachers' 
reading circle within the state. 



Teachers' ex- 
amination. 



Revoke certifi- 
cates. 



Course of 
study. 



Institute con- 
ductors. 



Course of 
study. 



STATE OF NORTH DAKOTA 



21 



Advise on 
school laws. 



Decide ap- 
peals. 



Practice. 



Official rec- 
ords. 



School laws 
and decisions. 



Sec. 754. ADVISE COUNTY SUPERINTEND- 
ENTS. — He shall counsel with and advise county su- 
perintendents upon all matters involving the welfare 
of schools and he shall, when requested, give them 
written answers to all questions concerning the school 
law. He shall decide all appeals from the decision 
of the county superintendents, and may for such de- 
cisions require affidavits, ven'fied statements or sworn 
testimony as to the facts in issue. He shall prescribe 
and cause to be enforced rules of practice and regu- 
lations pertaining to the hearing and determination of 
appeals, and necessary for carrying into efifect the 
school laws of the state. 

Sec. 755. RECORD OF OFFICIAL ACTS.— He 
shall keep a complete record of all his official acts 
and shall file in his office all appeals and the papers 
pertaining thereto. 

Sec. 756. SCHOOL LAWS TO BE PRINTED, 
—He shall at least once in two years cause to be 
printed the school laws of the state, with such notes 
and decisions thereon as may seem to him advisable, 
and shall furnish them as they are needed to the 
school officers in the state. 

Sec. 757. CONFERENCE WITH COUNTY 
SUPERINTENDENTS.— He shall meet the county 
superintendents of each judicial district or of two or 
more districts combined at such time and place as he 
shall appoint, giving them due notice of such meet- 
ing. The objects of such meeting shall be to ac- 
cumulate valuable facts relative to schools, to com- 
pare views, to discuss principles, to hear discussions, 
and suggestions relative to the examinations and qual- 
ffications of teachers, methods of instruction, text 
books, institutes, visitation of schools and other mat- 
ters relating to the public schools. 

Sec. 758. SEAL. — He shall provide and keep a 
seal by which all his official acts may be authenti- 

Sec. 759. TO ASSIST AT TEACHERS' IN- 
STITUTES. — He shall when practicable, attend and 
assist at teachers' institutes and aid and encourage 
generally teachers in qualifying themselves for the 
successful discharge of their duties ; he shall labor 
faithfully in all practicable ways for the welfare of 
the public schools of the state, and shall perform 
such other duties as shall be required of him by law. 



By judicial 
districts. 



Objects. 



Seal. 



Labor for wel- 
fare of public 
schools. 



22 



GENERAL SCHOOL LAWS 



Sec. 760. BIENNIAL REPORT, WHAT TO 
CONTAIN.— He shall, on or before the first day of 
November ipreceding the biennial session of the legis- 
lative assembly, make and transmit to the governor a 
report showing 

1. The number of school districts, schools, teach- 
ers employed and pupils taught therein and the at- 
tendance of pupils and studies pursued by them. 

2. The financial condition of the schools, their re- 
ceipts and expenditures, value of school houses and 
property, cost of tuition and wages of teachers. 

3. The condition, educational and financial, of the 
normal and higher institutions connected with the 
school system of the state and as far as it can be as- 
certained, of the private schools, academies and col- 
leges in the state. 

4. Such general matters, information and recom- 
mendations relating to the educational interests of the 
state, as he may deem important. 

Sec. 761. REPORTS TO BE PRINTED.— Two 
thousand copies of the report of the superintendent of 
public instruction shall be printed biennially in the 
month of December preceding the session of the legis- 
lative assembly. One copy shall be furnished to each 
of the members of the legislative assembly, one copy to 
each county superintendent of the state, one copy to 
the president of each school board, one copy to each 
state officer, one copy to each state and territorial 
superintendent, and twenty copies shall be iiled in 
the office of the superintendent of public instruction 
and ten copies in the state library. The remaining 
copies shall be distributed among the various colleges, 
universities and other libraries of the United States. 

Sec. 763. PUBLICATION- OF PROCEEDINGS 
OF EDUCATIONAL ASSOCIATION.— The state 
superintendent of public instruction is hereby au- 
thorized and required to publish annually, as public 
matter, two thousand five hundred copies of the 
proceedings of the North Dakota Educational associ- 
ation, the "same to be distributed throughout the state 
by the department of public instruction ; provided, 
that a copy of the proceedings of said association 
shall be filed by the secretary or other officer of said 
association with the superintendent of public in- 
struction, on or before the first day of February of 
each year. 



Report, when. 



Contents: 



Number of 
schools, etc. 



Financial. 



Condition of 
schools. 



General in- 
formation. 



8000 copies 
printed. 



Distribution. 



Publish pro- 
-ceedings of 
Educational 
Association. 



Distribution. 



STATE OF NORTH DAKOTA 



23 



Sec. 763. SALARY, TRAVELING EXPENS- 
ES. — He shall receive an annual salary of two thous- 
and dollars and in addition thereto his actual and 
necessary traveling expenses incurred in the discharge 
of his official duties, not exceeding one thousand 
dollars in any one year, such expenses to be paid 
monthly on the warrant of the state auditor upon his 
filing with such auditor an itemized statement of such 
expenses properly verified. 



Salary. 



Traveling 
penses. 



CHAPTER 100, SESSION LAWS OF 1909. 

Course of Study for Normal Schools. 

Sec. 1. COURSE OF STUDY AUTHORIZED. 
— For the purpose of encouraging education in the 
rural communities of North Dakota and promoting a 
knowledge of rural environment and life, the presi- 
dents of the state normal schools with the superin- 
tendent of public instruction are authorized and em- 
powered to provide and arrange a course of study 
for the state normal schools of not less than ten and 
one-half months extent, for students who have com- 
pleted the eighth grade in the common and rural 
schools of the state or the eighth grade in the cities, 
towns and villages, and for such persons as may have 
previously been granted a certificate to teach in this 
state. 

Sec. 2. NORMAL SCHOOLS GRANT CER- 
TIFICATES. — The said normal schools are further 
empowered, upon the completion of the course of 
study hereby provided for with standings I'n each sub- 
ject which are approved by the superintendent of 
public instruction, to grant a certificate of comple- 
tion which shall be the equivalent of second grade 
teachers' certificate and shall be valid as a certificate 
to teach in any county of the state of North Dakota. 

Sec. 3. ^RANCHES REQUIRED.— The course 
of study herein provided for shall consist of a pro- 
fessional review of the common branches of study, 
together with physiology, civil government, methods 
of teaching, practice and observation and not less 
than one year's course in elementary agriculture and 
nature study. 

Sec. 4. REQUIREMENTS OF STUDENT.— 
The student admitted to this course of study must be 
at the time of entrance at least seventeen years of age. 



Course of 
study for state 
normal schools. 



Certificates. 



Requirements. 



24 



GENERAL SCHOOL LAWS 



Commission , 
how constituted 
— duties. 



submit evidence to the school authorities of good mor- 
al character and must be able to pass if required, a 
medical examination showing that he has the general 
health required to perform the work of a teacher. 
He must also possess the other qualifications required 
under the law for the certification of teachers. 

Sec. 5. REPEAL. — All acts and parts of acts in 
conflict with this act are hereby repealed. 

CHAPTER 105, SESSION LAWS OF 1909. 

School Law Compilation Commission. 

Sec. 1. COMMISSION, HOW CONSTITUT- 
ED. DUTIES. — There shall be created not later 
than the first day of August, 1909, a committee of 
five persons, of whom the attorney general and the 
deputy state superintendent of public instruction shall 
be members, and the other three members shall be 
appointed by the governor from among the best known 
and the best posted school men of this state. The 
said committee shall meet and organize not later than 
September the first, 1909, and shall proceed with all 
due care to perform the duties contemplated by this 
act, as hereinafter provided. The committee shall 
complete its work not later than September first, 
1910. The said committee shall report to the next 
session of the legislature any contradictions, incon- 
sistences and omissions found in the existing laws, 
and shall draft and report to that session of the leg- 
islature such school laws as, in its judgment, would 
be of use and benefit to the state, for inforamtion, 
assistance and action of said legislature. 

Sec. 2. APPROPRIATION FOR EXPENSES 
OF THE COMMISSION.— There is hereby appro- 
priated out of any moneys in the state treasury not 
otherwise appropriated, a sum of money sufficient to 
meet the actual and necessary expenses of the com- 
mittee ; provided, however, that the members of this 
commission shall receive no compensation whatever. 
All bills for expenses shall be paid only upon the 
presentation of duly verified vouchers, approved by 
the state board of audit. 

Sec. 3. REPEAL. — All acts and parts of acts in- 
consistent with this act are hereby repealed. 



Appropriation 
for expenses. 



STATE OF NORTH DAKOTA 



25 



Article 2. — County Superintendent of Schools. 



S€C. 764. ELECTION, TERM OF OFFICE.— 
There shall be elected in each organized county, at 
the same time other county officers are elected, a 
county superintendent of schools, whose term of office 
shall be two years, commencing on the first Monday 
in January following his election, and until his suc- 
cessor is elected and qualified. Any voter residing 
in an independent school district, organized under a 
special act, having a board of education and city 
superintendent of schools, shall not be qualified to 
vote for county superintendent of schools. 

Sec. 765. GENERAL DUTIES.— The county su- 
perintendent of schools shall have the general superin- 
tendence of the public schools in his county, except 
those in cities which are organized under special law 
and those in special or independent school districts, 
shall visit each public school under his supervision. 
He shall at such visit carefully observe the condition 
of the school, the mental and moral instruction given, 
the methods of teaching employed by the teacher, the 
teacher's ability and the progress of the pupils. He 
shall advise and direct the teacher in regard to the 
instruction, classification, government and discipline 
of the school and the course of study. He shall 
keep a record of such visits and by memoranda in- 
dicate his judgment of the teacher's ability to teach 
and govern and the condition and progress of the 
school, which shall be open to inspection by any 
school director. 

Sec. 767. GENERAL DUTIES.— He shall carry 
into efi^ect all instructions of the superintendent of 
public instruction given within his authority. He 
shall distribute to the proper officers and to teachers 
all blanks furnished him by such superintendent, and 
needed by such officers and teachers. Acting under 
the instructions of the superintendent of public instruc- 
tion, he shall, when expedient, convene the teachers 
of his county at least one Saturday in each month dur- 
ing which the public schools are in progress, or if the 
distance is too great he may convene the teachers of 
two or more districts' in each of the several portions 
of his county in county or district institutes, or teach- 
ers' circles, for normal instruction and the study of 
methods of teaching, organizing, classifying and gov- 
erning schools, and for such other instruction as may 



Election. 



Term — 2 years. 



\''ote — who may 
not. 



General over- 
sight. 



jixception. 



Shall visit 
schools. 



Advise teach- 
ers. 



Keep records. 



General duties. 



Convene 
teachers. 



Object. 



26 



GENERAL SCHOOL LAWS 



Teachers shall, 
attend. 



be set forth in the course of reading prescribed by 
the superintendent of pubhc instruction for the state 
teachers' reading circle. Each teacher shall attend 
the full session of such institute or circle and par- 
ticipate in the duties and exercises thereof or forfeit 
one day's wages for each day's absence therefrom, 
unless such absence is occasioned by sickness of the 
teacher or others to whom his attention is due; but 
when, on account of distance or otherwise, it would 
impose a hardship upon any teacher to attend, or 
would cause such teacher to neglect his school, the 
county superintendent may excuse such teacher from 
attendance. 



Excused- 
when. 



Keep official 
records. 



File reports. 



Seal. 



Instruct offi- 
cers in record 
keeping. 



Furnish asses- 
sors with plats. 



Meet officers 
to discuss 
general wel- 
fare of schools. 



Sec. 768. RECORD OF OFFICIAL ACTS.— 
He shall keep a record of all his official acts, and 
shall preserve all books, maps, charts and apparatus 
sent him as a school officer, or belonging to his office. 
He shall file all reports and statements from teachers 
and school boards and shall turn them over to his suc- 
cessor in office. He shall be provided with a seal by 
which his official acts may be authenticated. 

Sec. 769. MEETINGS WITH SCHOOL OFFI- 
CERS. — He may arrange for meetings with school 
officers at designated times and places, due notice of 
which has been given, for the purpose of inspecting 
the district records and instructing in the manner of 
keeping the same, and of preparing the reports of dis- 
trict officers. He shall visit the officers of the several 
school cfistricts as often as may be necessary to se- 
cure the correct keeping of the records. He shall, on 
or before the first day of April of each year, prepare 
and furnish to the several assessors of the county a 
correct sectional map of their respective districts, 
showing the boundaries and names' or numbers of all 
school districts therein ; provided, also, that in coun- 
ties -having the district system, he may convene the 
members and clerks of the school boards in his coun- 
ty, or such representatives of the school officers of 
each district as the president or members of the school 
boards may appoint, in case he or they cannot attend 
personally, for the purpose of discussing plans and 
methods for the improvement and general care of the 
schools ; provided, further, that such general meeting 
shall not occur more than once in each vear. 



STATE OF NORTH DAKOTA 



27 



Decides ques- 
tions of school 
law. 



Appeal to the 
state superin- 
tendent — How- 
taken. 



May administer 
oaths in school 
matters. 



Institute fund. 



'Sec. 770 TO DECIDE QUESTIONS IN CON- 
TROVERSY. — He shall decide all matters in contro- 
versy arising in his connty in the administration of the 
school law or appealed to him from the decisions of 
school officers or boards. An appeal may be taken 
from his decision to the superintendent of public in- 
struction, in which case a full written statement of the 
facts, together with the testimony and his decision in 
the case shall be certified to the superintendent of pub- 
lic instruction for his decision in the matter, which de- 
cision shall be final, subject to adjudication or the 
proper legal remedies in the courts. 

Sec. 771. POWER TO ADMINISTER OATHS. 
— He shall have power to administer oaths of office to 
all subordinate school officers, and to witnesses and to 
examine them under oath in all controversies pending 
before him arising in the administration of the school 
laws ; but he shall not receive pay for administering 
such oaths. 

Sec. 772. INSTITUTE FUND, HOW RAISED 
AND USED. — All funds received by him for the ex- 
amination of teachers shall be turned over to the 
county treasurer, who shall keep the same as a ^special 
fund to be known as the "Institute Fund," and which 
shall be used only for the expenses of holding county 
teachers' institutes, or supporting teachers' training 
schools, to be paid out upon the proper warrants issued 
by the county auditor upon the sworn and itemized 
voucher of the county superintendent. 

Sec. 773. APPORTIONMENT OF STATE 
TUITION FUND.— He shall make apportionment of 
the state tuition fund among the school corporations 
of the county, as provided in this chapter. 

Sec. 774:. TEACHER'S CERTIFICATE MAY 
BE REVOKED, Vv^HEN.— He shall see to it that 
the pupils are instructed in the several branches of 
study required by law to be taught in the schools, 
as far as they are qualified to pursue them. If any 
teacher neglects or refuses to give instruction as 
required by law in physiology and hygiene and the 
nature and efifect of alcoholic drinks and other nar- 
cotics, the county superintendent shall promptly re- 
voke such teacher's certificate and cause him to be 
discharged. If the teacher so neglecting or refusing 
to give instruction in said branches holds a state cer- 
tificate the county superintendent shall immediately 



Use of. 



Apportion state 
funds. 



May revoke 
teachers' cer- 
tificates — 
when. 



28 



GENERAL SCHOOL LAWS 



Annual report. 



Salary with- 
held. 



Office rent, 
postage, etc., 
paid by county. 



Salary — how 
determined 



certify such refusal or neglect to the state superin- 
tendent of public instruction. (See organic lazv, 
ante.) 

'Sec. 775. REPORT TO STATE SUPERIN- 
TENDENT. — He shall, on or before the fifteenth day 
of September in each year, make and transmit a report 
to the superintendent of public instruction, containing 
such statistics, items and statements relative to the 
schools of the county, as may be required by such sup- 
erintendent. Such report shall be made upon and con- 
form to the blanks furnished by the superintendent of 
public instruction for that purpose. He shall not be 
paid his salary for the last quarter of his official year 
until he presents to the county commissioners the re- 
ceipts of the superintendent of public instruction for 
such annual report. 

Sec. 776. OFFICE, POSTAGE AND STATION- 
ERY. — He may provide for himself a suitable office 
for the transaction of official business when not pro- 
vided therewith by the county commissioners, and 
such commissioners shall audit and pay his reasonable . 
accounts for the use and furniture of such office. They 
shall also furnish him with all necessary books, sta- 
tionery and postage. 

Sec. 777. SALARY. DEPUTIES. TRAVEL- 
ING EXPENSES. — The salary of the county super- 
intendent of schools shall be as follows : In each 
county having one school and not over five, one hun- 
dred and fifty dollars ; six schools and not over ten, 
three" hundred dollars; eleven schools and not over 
fifteen, four hundred dollars ; sixteen schools and not 
over twenty, five hundred dollars ; twenty-one schools 
and not over twenty-five, six hundred dollars ; twen- 
ty-six schools and not over thirty, seven hundred dol- 
lars ; thirty-one schools and not over thirty-five, eight 
hundred dollars ; thirty-six schools and not over forty, 
nine hundred dollars ; forty-one schools and not over 
fifty, one thousand dollars ; and for each additional 
school ten dollars additional ; provided, that in com- 
puting the salary of such superintendent no school 
shall be included unless the same shall have been 
taught at least four months during the preceding 
school year; provided, further, that such salary shall 
not exceed one thousand five hundred dollars I'n any 
county where the number of schools does not exceed 



STATE OF NORTH DAKOTA 29 

one hundred thirty, and in counties where the num- 
ber of schools exceeds one hundred thirty, the county 
superintendent shall be allowed, in computing such 
salary, five dollars additional ; provided, always, that 
salary shall in no case exceed two thousand dollars. 
In addition thereto he shall receive ten cents a mile 
for the distance actually and necessarily traveled by 
him in the discharge of his duties. He shall at the ^*'^^ss. 
end of every three months make and furnish to the 
county commissioners an itemized statement, sub- 
scribed and sworn to, of the distance so traveled in 
the discharge of his duties, which shall be audited 
and ordered paid by the board of county commission- 
ers. The amount of his salary and the appropriation 
for office deputy shall be determined each year by the 
actual number of schools or separate departments in 
graded and high schools in the county in which school 
has been taught for at least four months during the 
preceding school year and the same shall be 
paid out of the county general fund, monthly 
upon the warrant of the county auditor ; pro- 
vided, that whenever the number of schools 
in a county is diminished by reason of the 
consolidation of schools or other provision for the in- Deputy 
struction of pupils in any district or districts the same Salary. 
number of schools shall be counted for such district 
or districts in computing the salary of the county 
superintendent as existed before said consolidation or 
other provision until such time as the number of sep- 
arate departments in the general school or schools 
provided for the pupils of vacated schools shall equal 
the number of schools originally vacated. In coun- 
ties having fifty or more schools the county superin- 
tendent may appoint an office deputy for whose acts 
as such he shall be responsible, which deputy shall be 
entitled to a salary equal to fifty per cent of the coun- 
ty superintendent's salary ; provided, further, that in 
counties having one hundred fifty or more schools the 
county superintendent shall be allowed one deputy for Additional dep- 
each one hundred schools or major fraction thereof, 
under the supervision of said superintendent. Such 
deputies shall be for the purpose of assisting the 
county superintendent in visiting the schools and in 
the general supervision of the educational work of the 
county. They shall possess the qualifications of the 
county superintendent specified in section 778 and 



30 



GENERAL SCHOOL LAWS 



Must hold 
state certificate. 



Must hold 
first grade 
certificate. 



Not to teach. 



Not to have 
other business 
or be absent 
from county. 



May be re- 
moved — when. 



Not unless sal- 
ary is less than 
$1,000. 



shall each receive a salary of two hundred dollars in 
excess of that paid to the office deputy. 

Sec. 778. (Amended.) • QUALIFICATIONS 
OF. — No person shall be deemed qualified for the of- 
fice of county superintendent in any county where the 
salary is one thousand dollars or more per year, who 
is not a graduate of some reputable normal school or 
higher institution of learning, or does not hold a state 
certificate of the first class or a life professional cer- 
tificate, and who has not had at least two years' suc- 
cessful experience in teaching,' one year of which shall 
have been in the state. No person shall be deemed 
qualified for the office of county superintendent in 
counties where the salary is less than one thousand 
dollars per year unless he holds a certificate of the 
highest county grade or its equivalent. 

Sec. 779. SHALL NOT ENGAGE IN TEACH- 
ING. — No county superintendent of schools, except 
as hereinafter provided, shall engage in teaching dur- 
ing the term for which he was elected, nor shall any 
person under contract to teach be qualified to hold the 
office of county superintendent of schools. 

iSec. 780. SHALL NOT ABSENT .HIMSELF 
FROM COUNTY.— No county superintendent of 
schools shall engage in any profession or occupation, 
nor shall he absent himself from the county or district 
for which he is elected to engage in any occupation, 
profession or pursuit during the term for which he is 
elected for such time and in such manner as to inter- 
fere with the proper discharge of his duties as county 
superintendent of schools. 

•Sec. 781. SUBJECT TO REMOVAL.— Any 
county superintendent of schools who neglects or vio- 
lates any of the provisions of sections 779 and 780 
shall be subject to removal from office. 

Sec. 782. NOT APPLICABLE IN EVERY 
COUNTY. — None of the provisions of sections 779 
and 780 shall be applicable to counties in which the 
salary of county superintendent of schools is less than 
one thousand dollars per annum. 

Article 3. — Free Public Schools. 

Sec. 783. The state university and school of mines 
at Grand Forks, the agricultural college at Fargo, the 
state normal schools at Valley City and Mayville, the 
deaf and dumb asylum at Devils Lake, the industrial 



STATE OF NORTH DAKOTA 



31 



School corpor- 



what 



constitutes. 



school and school of manual training^ at Ellendale, a Free public 
scientific school at Wahpeton, the school of forestry 
at Bottineau, and all other schools heretofore estab- 
lished by law and maintained by taxation constitute 
the system of free public schools of the state. {See 
Sec. 14/, Const.) 

Article 4. — School Districts. 

Sec. 784. WHAT CONSTITUTES A SCHOOL 
CORPORATION.— Each civil township in the state, 
not organized for school purposes under the district 
system at the taking effect of this code, shall be and 
is hereby constituted a distinct school corporation, 
and whenever in any county a civil township shall 
hereafter be organized it shall from and after such or- 
ganization be and constitute a distinct school corpora- 
tion, except as otherwise specially provided in this 
chapter. {Appendic C. — VI, 2, a.) 

Sec. 785. SCHOOL TOWNSHIP TO CON- 
FORM TO CIVIL TOWNSHIP WHEN POS- 
SIBLE. — Each school township in every county in 
the state, which at the taking effect of this code con- 
sists of territory not organized into a civil township, 
shall be and remain a distinct school corporation ; pro- 
vided, that whenever such school township, or any To conform to 
part thereof, shall be. organized into or annexed to a "^' °^"^ '^' 
civil township, such civil township shall thenceforth 
constitute a distinct school corporation ; but nothing 
in this section shall be construed to alter the boundary 
lines of any school township organized prior to the 
passage of this code, except upon petition as herein- 
after provided. (Appendix- C. — VI, 2, a.) 

Sec. 786. WHAT TERRITORY MAY BE OR- 
GANIZED INTO DISTRICT SCHOOL CORPOR- 
ATIONS. — The county commissioners of each coun- Duty of county 

, . . , , . .. commisstoners. 

ty not organized for school purposes under the dis- 
trict school system at the taking effect of this code, 
shall organize into a district school corporation any 
territory not, at the taking effect of this code, al- 
ready organized into a civil township or a school town- 
township upon being petitioned so to do by one-third 
of the residents of such territory, having the care and 
custody of any child of school age ; provided, such ter- 
ritory shall consist of not less than one congressional 
township, having at least eight thousand dollars in 
taxable property and at least ten children of school 



Petition. 



32 GENERAL SCHOOL LAWS 

age residing therein. ;The county commissioners of 
Conditions. every such county, with the advice and consent of 

the county superintendent, may rearrange the bound- 
aries in any school corporation whose territory is not 
included within a civil township, when petitioned so 
to do by a majority of the voters residing within such 
school corporation, whose boundaries will be affected 
thereby, subject to the same restrictions and condi- 
County com- tious as to cxtcut of territory, value of taxable prop- 
missioners may erty and number of resident children of school age 
iltory— \v^hen. ' as in the Organization of a school corporation from 
territory not included in a civil township. In the 
formation of school corporations and the rearrange- 
ment of their boundaries as provided for in this sec- 
tion, the boundary lines of congressional townships 
Boundaries. ^''^^^^ ^^ followcd as far as possible on school corpor- 
ation lines. (Appendix C. — VI, 2, /.) 

Sec. 787. NEW SCHOOL DISTRICTS, HOW 
FORMED. — In any county hereafter organized the 
county commissioners shall so divide the county or 
the parts thereof, which include every congressional 
^^on whlt^'^co^ township in such county which has residing therein 
ditions formed, j^q^ iggg ^hau ten children of school age, into school 
corporations as will best promote the permanent in- 
terests of public schools in the county, upon the same 
petition and subject to the same conditions and re- 
strictions as are contained in section 786. 

Sec. 788. {Amended.)— ^W£^ SCHOOL COR- 
PORATIONS MAY BE DIVIDED AND AT- 
District divided TACHED TO OTHER DISTRICTS.— If a portion 
stacie! "*^^ ° ' of any such school corporation having not more than 
ten children of school age residing therein is separated 
from the other portion of such corporation by any 
natural obstacle which practically prevents such chil- 
dren from attending school in such other portion, the 
county commissioners of the county may annex such 
portion so separted to an adjoining school corpora- 
tion, and the portion so annexed shall constitute a 
part of such adjacent corporation. If such adjacent 
corporation lies in another county, the county com- 
Territory in iiiissioncrs of the two counties may jointly make such 
how divided. annexation ; provided, that whenever portions of a 
school corporation lie in different civil townships there 
may be created therefrom two or more distinct school 
corporations, when in the judgment of such commis- 
sioners and superintendent, such change can be made 



STATE OF NORTH DAKOTA 



33 



Town or vil- 
lage divided by 
county line — 
procedure. 



without detriment to the schools or to the pupils there- 
in, and the division can be made by following the 
boundary line or lines of congressional townships, 
or the meander lines of the government survey. 

Sec. 789. ANNEXATION OF SCHOOL COR- 
PORATIONS. — In any county not organized for 
school purposes under the district system at the taking 
effect of this code, if a town or viUage not organized 
into a special district is divided by a civil township 
line of if such town or village is divided by any coun- 
ty line, the county commissioners of such county, or 
the county commissioners of such adjacent counties 
acting in joint session, as the case may be, may when 
petitioned so to do by a majority of the voters of each 
part of said town or village, annex one part of such 
town or village to the adjacent school corporation 
which includes the other part of such town or village 
and the part so annexed shall constitute a portion of 
such adjacent corporation. 

Sec. 790. WHEN CIVIL TOWNSHIPS MAY 
CONSOLIDATE INTO SCHOOL DISTRICT.— 
In any county not organized for school purposes un- 
der the district system at the taking effect of this 
code, if a civil township, having less than fifteen per- 
sons of school age residing therein, by reason of the 
irregular course of natural boundary, contains less 
than twelve sections or square miles of territory, it 
shall constitute a portion of the adjacent school dis- 
trict with which it has the longest common boundary 
line. 

Sec. 791. SCHOOL DISTRICTS, HOW NAM- 
ED. — Each school corporation constituted or formed 
under the provisions of this article, shall be designated 
a school district as distinguished from a civil town- 
ship or congressional township and shall be named as 
follows : Each school district which consists of a civil 

township shall be named " school district 

of County, state of North Dakota," with 

the name of the civil township which constitutes the 
districts inserted in the blank before the word "school," 
and the name of the county in which it is situated in- 
serted before the word "county." Each school dis- 
trict which consists of territory not organized into a 
civil township, but which has been named by a dis- 
tinctive name shall have such distinctive name inserted 
in the blank before the word "school." Each school 



Fractional 
township con- 
solidated with 
adjacent dis- 
trict, when. 



Name of school 
district. 



-3— 



34 



GENERAL SCHOOL LAWS 



old numbers 
retained. 



Re-arrange- 
ment under this 
code. 



district consisting of territory not organized into a 
School district civil township which has no distinctive name shall be 

num ere . named "school district No of county, 

state of North Dakota," with its proper number in- 
serted in the blank after the .word "number," and the 
proper name of the county mserted in the blank before 
the word "county;" provided, that in each county 
organized for school purposes under the district sys- 
tem at the taking effect of this code, the several school 
districts shall retain and be known by the number 
which they have respectively at the time of the taking- 
effect of this code and any school district hereafter 
formed in any such county shall be known by the num- 
ber next higher than that of the highest pre-existing 
numbered district. ; 

Sec. 792. WHEN BOUNDARIES TO BE RE- 
ARRANGED AND ESTABLISHED AND HOW. 
— The county commissioners and county superintend- 
ent of schools in each county, which at the taking 
eif ect of this code is organized for school purposes un- 
der the district system, shall meet on the first Monday 
in May, A. D. 1896, at the place where the meetings 
of such commissioners are usually held and shall rear- 
range and establish the boundaries of the several 
school districts of the county unless the same has al- 
ready been done, as follows : 

1. Each civil township in a county, no part of 
which is included in a school district already organ- 
ized, shall be formed into a single school district. 

2. Each congressional township in the county, no 
part of which is included in a civil township nor in an 
organized school district, if it contains twelve or more 
persons of school age, shall be formed into a single 
school district. 

3. All territory in a county situated in civil town- 
ship, part of which is organized into a school district, 
or situated in a congressional township not included 
in a civil township, and a portion of which is organized 
into a school district shall be annexed to and form 
part of the organized school district lying wholly or 
in part in such civil or congressional township. 

'4. Each school district now organized which has 
less than ten persons of school age residing therein 
shall be annexed to and form a part of such adjacent 
school district as shall be most convenient for such 
persons of school age when in the judgment of such 



Civil township 
a single dis- 
trict. 



Congressional 

township, 

same. 



Partly organ- 
ized territory. 



Districts to be 
consolidated — 
when. 



STATE OF NORTH DAKOTA 



35 



commissioners and superintendent such annexation can 
be made without detriment to the school or to the 
pupils residing in such district. 

5. The boundary lines of each school district which 



lies partly within two or more civil townships shall 
be so changed that such school district shall lie wholly 
within one civil township, so far as in the judgment 
of such commissioners and superintendent such change 
can be made without detriment to the schools or to 
the pupils therein. 

6. 'Such commissioners and superintendent shall 
make such changes generally in the boundary lines of 
the school districts of the county, not in their judg- 
ment detrimental to the interests of the schools of the 
county as will reduce the number of school districts 
in the county, and form school districts not extending 
beyond the boundaries of the civil township. (Sec 
Sec. 786.) 

Sec. 793. (Amended.) BOUNDARIES, HOW 
CHANGED IN FUTURE.— After the boundary lines 
of the several school districts of any of the counties 
of this state are re-arranged and established as pro- 
vided for in the last preceding section of this arti- 
cle, such boundary may be changed or re-arranged 
by the county commissioners and the superintendent 
of schools at any regular session, and if a town or 
village, not organized into a special district and con- 
taining twelve or more persons of school age is divid- 
ed by the line of a civil or congressional township 
or is partly in two or more districts, such town or 
village with adjacent territory in both or all of the 
districts 111 which it is situated not exceeding ten 
square miles in extent and not at any point more than 
three miles distant from said town or village may be 
formed into a new and separate district, if in the 
judgment of the commissioners and superintendent 
such a change or the formation of such new district 
is for the best interests of the schools. Any change 
or re-arrangement of boundaries may be made or 
new district formed as hereinbefore provided for 
upon petition signed by one-third of the voters resid- 
ing in each district whose boundaries will be affected 
by such change or re-arrangement and by three- 
fourths of the voters resident in the parts of districts 
to be included in any new district formed under the 
provisions of this section ; provided, that each con- 



Boundaries 

changed — 
when. 



General 
changes. 



Future 
changes in 
boundaries. 



New district 
formed. 



36 



GENERAL SCHOOL LAWS 



District may 
sue; be sued; 
contract; hold 
property. 



gressional township not wholly or In part included in 
a civil township, and no part of which is organized 
for school purposes, shall be formed into a school dis- 
trict as soon as it shall have residing therein twelve 
or more children of school age. {See Appendix C. 
—VI, 2, a; also Appendix D. — Note 8.) 

Sec. 794. RIGHTS AND POWERS OF 
SCHOOL CORPORATIONS.— Each school dis- 
trict constituted and formed as provided in this article 
shall be a distinct corporation, and under its proper 
name or number as such corporation, may sue and be 
sued, contract and be contracted with, and may ac- 
quire, purchase, hold and use personal or real prop- 
erty for school purposes or for the purposes men- 
tioned in this chapter and sell and dispose of the same. 

Sec. 795. PLATS OF SCHOOL DISTRICTS 
TO BE FURNISHED BY COUNTY AUDITOR. 
— The county auditor shall within thirty days after 
the first school election held as provided herein, trans- 
mit to the state auditor, to the superintendent of pub- 
lic instruction and to the county superintendent, a plat 
of the county, showing the boundaries and name of 
each school corporation therein, and shall record a 
copy of the same, together with all proceedings of the 
county board had and done under this chapter in a 
proper book kept for that purpose. He shall promptly 
furnish such officers with a correct plat showing any 
changes at any time in the boundaries of school cor- 
porations. The superintendent of public instruction 
shall furnish instructions for the suitable preparation 
and construction of such plats in regard to scale and 
markings, I'n order to secure a uniform series of maps 
for binding for office use. 



Plats of school 
districts , coun- 
ty auditor 
shall furnish. 



Specifications 
to be furnished 
by state sup- 
erintendent. 



Organization 
of districts 
made valid. 



Sec. 796. LEGALIZING IRREGULARITIES, 
— All school districts, whether duly and legally organ- 
ized under the provisions of statute or not, which for 
six months or more last past have had a de facto or- 
ganization, are hereby declared to be legally organized 
and are authorized to exercise all the functions of 
school districts which have been duly and legally or- 
ganized as provided by statute, with the boundaries 
which they may have at the time of the going into 
effect of this article, and all contracts and obliga- 
tions of said districts and the acts of the officials there- 
of are hereby ratified and confirmed so far as to give 
them the' same validity which they would have had if 
such districts had been legally organized. 



STATE OF NORTH DAKOTA 



37 



School officers 
elected — when. 



Term. 



In new district. 



Article 5. — Election of Officers. 

Sec. 797. (Amended.) OFFICERS TO BE 
ELECTED. — On the first Tuesday in June of each 
year there shall be elected one school director for the 
term of three years and on the first Tuesday in June 
of each even numbered year a school treasurer for the 
term of two years. Such officers shall hold their re- 
spective offices from the second Tuesday in July fol- 
lowing their election for the number of years respec- 
tively for which they were elected, and imtil their suc- 
cessors are elected and qualified. At the first election 
for the organization of a new school district there shall 
be elected at large for such school district three direc- 
tors, one to serve until the first annual election, one to 
serve until the second annual election, and one to serve 
until the third annual election thereafter and a school 
treasurer to serve until the annual election in the next 
even numbered year and until his successor is elected 
and qualified. (Sec Appendix D. — Note p.) 

. Sec. 798. POLLING PLACES. HOW ESTAB- 
LISHED. APPOINTMENT OF ELECTION OF- 
FICERS. — The county superintendent in each coun- 
ty shall, at least twenty days prior to the first election 
in the new district, fix and designate some polling 
place in each school district so located as to be conven- 
ient for the voters of such district, and shall appoint 
two persons to act as judges and two to act as clerks 
of the election of such school officers ; such judges and 
clerks shall be qualified voters in their respective dis- 
tricts. The county supermtendent shall notify in 
writing such judges and clerks of their appointment, 
and of the place fixed and designated as the polling 
place in their respective districts, and shall furnish 
them with the necessary blanks and poll books for such 
election. He shall also furnish one of such clerks 

with three notices of such election specifying the time 
and place at which such election is to be held, the offi- 
cers to be elected and term of each, which notices such 
clerk shall post in three of the most public places in the 
district at least ten days prior to such election. The 
county superintendent shall fix the date and perform 
other such duties as devolve upon him by the provis- 
ions of this section for the first election in any school 
district hereafter formed under the provisions of this 



County super- 
intendent to 
fix polling 
places and ap- 
point election 
officers. 



Shall notify 
election boards 
and furnish 
election blanks. 



Notices of 
election. 



Other duties. 



38 



GENERAL SCHOOL LAWS 



Polls open- 
hours. 



chapter, and such election shall be called by the coun- 
ty superintendent within thirty days after the forma- 
tion of such school district. 

Sec. 799. WHO QUALIFIED TO VOTE OR 
HOLD OFFICE.— At any election of school officers 
in any school corporation in this state all persons who 
are qualified electors under the general laws of the 
state and all women twenty-one years of age having 
the necessary qualifications as to citizenship and resi- 
who may vote, deucc required of male voters by law, shall be qualified 
voters and shall be eligible to the office of county sup- 
erintendent of schools, school director or member of 
the board of education or school treasurer, or maybe 
judge or clerk of such election ; provided, however, 
that the county superintendent must possess the edu- 
cational qualffications named in section 778 of the re- 
vised codes of 1905. 

Sec. 800. HOURS POLLS OPEN.— At all elec- 
tions for school district officers, the polls shall be 
opened at two o'clock p. m. and closed at five o'clock 
p. m. 

Sec. 801. (Amended.) NOTICE OF ANNUAL 
ELECTION.— At least fifteen days before the first 
Tuesday in June of each year the district school board 
of each school district shall designate one polling place 
as convenient as possible to the voters of such district 
of. at which such annual election shall be held, and shall 
cause notice of such election to be posted in at least 
three of the most public and conspicuous places within 
the district. Such notices shall be signed by the clerk 
or in his absence by the president of the district school 
board, and shall state the time and place of holding 
such election, and the officers to be elected and their 
term of office, and shall be substantially m the fol- 
lowing form : 

Notice is hereby given that on Tuesday the 

day of June, A. D an election will be 

held at (here insert polling place) 

for the purpose of electing (here insert 

officers to be elected and term each is to serve) for 

school district No or for (here 

insert name of school district.) The polls will be 
opened at two o'clock p. m., and closed at five o'clock 
p. m. of that day. 

By order of school board. 

Signed 

Clerk. 



Annual elec- 
tion — notice 



Form. 



STATE OF NORTH DAKOTA 



39 



Election board 
— how consti- 
tuted. 



Vacancy. 



Sec. 802. JUDGE'S OATH.— At such annual elec- 
tion any two of the directors of the school district may 
act as judges and the clerk of the district school board 
and one other person to be chosen by the voters pres- 
ent at the opening of the polls, shall act as clerks. The 
voters present at the opening of the polls shall choose a 
person to fill any vacancy caused by the absence of 
either of such officers to act as judge or clerk of such 
election. Before opening the polls each of the judges 
and clerks of election shall take and subscribe the fol- 
lowing oath or affirmation : ' 'T do solemnly swear 
(or affirm) that I will perform my duties as judge or 
clerk (as the case may be) according to law and the 
best of my ability." Such oath or affirmation may be 
administered by any officer authorized to administer 
oaths or by either of the judges or clerks. Any school 
officer elected and qualified under the provisions of this 
chapter is authorized and empowered to administer any 
oath or affirmation pertaining in any manner to school 
offices. 

Sec. 803. ELECTION, HOW CONDUCTED. 
CANVASS OF VOTES.— Such election shall be con- 
ducted and the votes canvassed as provided by law 
for general elections, except as otherwise provided in 
this chapter. Immediately after the polls are closed 
the judges shall proceed to count and canvass the 
votes for each person voted for at such election for any 
office, and the person receiving the highest number of 
votes for the office of director or treasurer shall be de- 
clared elected. If the election results in a tie for any 
such office the district clerk shall immediately notify in 
writing the parties having received such tie votes, and 
a time shall be agreed upon by the parties, within three 
days after the election, at which the election shall be 
decided in the manner that may be agreed upon by the 
parties, in presence of the judges and clerks of elec- 
tion, and a record of the proceedings shall be made in 
the records of the district clerk. 

Sec. 804. CERTIFICATES OF ELECTION.— 
The clerk of the school district shall within five days 
after such election furnish each person elected to any 
district office a written notice of his election, and that 
he shall take the oath of office as such officer on or be- 
fore the second Tuesday in July following such elec- 
tion. He shall also forward to the county superintend- 
ent within ten days after such election, a certified list 
of all the officers elected thereat. 



Oath. 



Who may ad- 
minister. 



Elections- 
duct of. 



Canvass. 



Tie — how de- 
termined. 



Clerk shall 
notify person 
elected. 



Also county 
superintendent. 



40 



GENERAL SCHOOL LAWS 



Sec. 805. OATH OF OFFICE.— Each person 
elected to the ofifice of school director or treasurer shall 
before entering upon the duties of his office, take and 
subscribe the oath prescribed in section 211 of the con- 
stitution, which oath shall be filed with the clerk of the 
school district board. 



Official oath. 



School board- 
how consti- 
tuted. 



Quoruin. 



Annual meet- 
ing. 



Clerk. 



Meetings. 



Special meet- 
ings. 



Compensation. 



Article 6. — Organization, Meetings and Duties 
OF District Officers. 

Sec. 806. DISTRICT SCHOOL BOARD QUO- 
RUM. — The three school directors in each school dis- 
trict shall constitute the district school board. A ma- 
jority of the board shall constitute a quorum and the 
agreement of a majority shall be necessary to the valid- 
ity of any contract entered into by the board. 

Sec. 807. ORGANIZATION.' CLERK.— The 
school board shall meet annually on the second Tues- 
day in July and organize by choosing one of the mem- 
bers president, and a competent person, not a member 
of the board, clerk, who shall hold his office during 
the pleasure of the board. {See Appendix D — Note 
II.) 

Sec. 808. (Amended.) MEETINGS OF BOARD. 
FEES. — ^The board shall, on the second Tuesday in 
January, April, July and October of each year, hold 
regular meetings for the transaction of business at 
such hour and place as may be fixed by the board. A 
special meeting may be held upon the call of the presi- 
dent or the other two members. Written notice of the 
time and place of any special meeting shall be given 
to each member of the board at least forty-eight hours 
before the time of such meeting. Each member of 
the board shall be paid the sum of eight dollars per 
annum, less two dollars for each regular meeting which 
he fails to attend ; provided, that in any common school 
district which contains a graded school of three or 
more departments the board shall hold regular meet- 
ings for the transaction of business on the second Tues- 
day of each month at such time and place as may be 
fixed by the board, and in such districts, the members 
of the board shall receive a compensation of one dol- 
lar for each irxceting attended ; provided, further, that 
in counties having the district system, the president 
and clerk, and in counties having the township system, 
the members and clerks or such officers as such presi- 
dent and board may appoint to represent them shall re- 



STATE OF NORTH DAKOTA 



41 



President- 
duties of. 



ceive ten cents a mile for the distance necessarily trav- 
eled in attending general meetings of the presidents, 
members and clerks of school boards convened bv the 
county superintendent, and also a salary of two dol- 
lars, but the total sum of such salary and mileage shall 
not exceed five dollars for each representative in at- 
tending any one meeting. 

Sec. 809. (Amended.) DUTIES OF THE 
PRESIDENT.— The president shall preside at all 
meetings of the board, and shall perform such duties as 
usually pertain to such office, and in accordance with 
the customary rules of order. In his absence a pres- 
ident pro tempore shall preside. The president shall 
perform such other duties as are prescribed in this 
chapter. It shall also be the duty of the president to 
attend such general meetings of school officers as may 
be convened by the county superintendent of schools. 
When the president cannot attend such meetings per- 
sonally, he shall appoint some other school officer to 
represent the district at such general meeting. 

Sec. 810. DUTIES OF CLERK. COMPENSA- 
TION. — The clerk of the board shall keep an accur- 
ate record of all proceedings of the board, give or post 
all notices, make out all reports and statements and 
perform all other duties required by law or by the 
board. He shall receive such compensation as shall 
be fixed by the board, not less than ten dollars for one 
school and five dollars for each additional school in his 
district ; provided, that such salary shall not exceed 
forty dollars in any one year. 

Sec. 811. TREASURER'S BOND, HOW 
APPROVED. A^ACANCY, HOW FILLED.— The 
school treasurer shall, on or before the second Tues- 
day in July following his election and before entering 
upon his duties, give a bond to the school district con- 
ditioned for the honest and faithful discharge of his 
duties and that he will render a true account of all 
funds and property that shall come into his hands and 
pay and deliver the same according to law. Such 
bonds shall be in such sum as may be fixed by the board 
but not less than double the sum to come into his hands 
in any one year as nearly as may be ascertained, which 
bond shall be signed by two or more sufficient sureties 
to be approved by the school board. In case the school Amount fixed 
board neglects or refuses to approve the bond of such ^ °^'^ ' 
treasurer and the sureties thereon, such treasurer mav 



Clerk- 
of. 



-duties 



Compensation. 



Bond. 



42 



GENERAL SCHOOL LAWS 



When county 
superintendent 
may approve. 



County treasur- 
er to act — 
when. 



present the same to the county superintendent and 
serve notice thereof upon the board and due proof of 
such notice being made to the county superintendent, 
he shall, unless good cause for delay appears, proceed 
to hear and determine the sufficiency of the bond and 
the sureties thereon, and may approve or disapprove 
the same as the facts warrant. In case of a failure 
to elect a successor to any school treasurer at the ex- 
piration of his term of office the said treasurer holds 
over (and) he shall be recjuired to give a new bond, 
within ten days after notice by the board. In case of a 
failure so to do a vacancy shall be deemed to exist in 
said office and shall be filled as provided by law. In 
case a vacancy occurs in the office of the district 
treasurer, it shall be the duty of the county treasurer 
of the county wherein such school district is located, 
upon being notified by the county superintendent or 
clerk of such school district that such vacancy exists, 
to perform the duties of treasurer of such school dis- 
trict until the vancacy is duly filled. 

Sec. 813. WHEN ADDITIONAL BONDS RE- 
QUIRED. — Whenever the amount in the hands of the 
treasurer or subject to his order exceeds two-thirds of 
the penal sum of his bond or when in the judgment of 
the board or of the county superintendent the security 
on such bond is impaired, the board or county super- 
intendent shall require an additional bond. If the 
treasurer fails for twenty days to give such additional 
bond the office shall be declared vacant and the vacancy 
shall be filled as provided by this chapter. 

Sec. 813. SURETY BONDS, PREMIUMS, 
HOW PAID. — That every person hereafter elected to 
the office of district school treasurer within the state of 
North Dakota, be, and is hereby required to give an 
official bond in a penal sum to be fixed-by the board of 
directors, which bond shall not be in a less penal sum 
than double the amount of money likely to come into 
his hands in any one year, and such board may by reso- 
lution require that such bond shall be executed by some 
responsible fidelity or surety company authorized and 
qualified to do business in the state of North Dakota, 
and subject to approval as provided by law; provided, 
further, if a surety bond is given it shall be given for 
a sum fixed by the board of directors. ' The amount of 
premiums for such surety or fidelity bond shall be aud- 
ited by the board of directors and paid out of the gen- 
eral fund of the district. 



Additional 
bond — when re- 
quired. 



Vacancy on 
failure to give. 



Surety com- 
pany bond 
may be re- 
quired. 



Premium to be 
paid by dis- 
trict. 



STATE OF NORTH DAKOTA 



43 



Sec. 814. iSCHOOL FUNDS, HOW PAID OUT. 
— The school treasurer shall keep such accounts and 
make such reports as are required of him by law and 
shall publish his annual statement in a newspaper pub- 
lished in the nearest city or town to his district. He 
shall pay no money out of the funds in his hands ex- 
cept upon the warrant of the school board, signed by 
the president and countersigned by the clerk. He shall 
pay all warrants properly drawn and signed when pre- 
sented, if there is any money in his hands or subject 
to his order for their payment. ' 



Annual state- 
ment to be 
published. 



No money to 
be paid except 

on warrant. 



Sec. 815. (Amended.) WARRANTS TO BE IN- 
DORSED WHEN NO FUNDS TO PAY.— When 
a warrant is presented to the treasurer for payment 
and there is no money in his hands or subject to his 
order belonging to the proper fund for the payment of 
such warrants, he shall indorse on such warrant "pre- 
sented for payment this day of 

190 , and not paid for want of funds," and shall 

sign such indorsement. If he has in his hands or sub- 
ject to his order money for the part payment of such 
warrant he shall make such part payment and indorse 
the sum on the warrant and add "balance not paid for 
want of funds," signing the same. He shall keep a 
correct register of all warrants so presented and in- 
dorsed. Each warrant thus presented and indorsed 
shall draw interest on the amount unpaid at a rate not 
to exceed eight per cent per annum from the date of 
such presentation and indorsement until paid ; provid- 
ed, that when there shall come into the hands of the 
treasurer or subject to his order, money applicable to 
the payment of any warrant which has been so present- 
ed and registered, the treasurer shall notify in writing 
by mail the drawee of such warrant at his last known 
place of residence to present such warrant for pay- 
ment, and interest shall cease upon every such warrant 
ten days after such notice shall have been sent, and 
such money shall be held for the payment of such war- 
rant. 

Sec. 816. WARRANTS, WHAT TO SPECIFY. 
— Each warrant drawn by the clerk or the board on the 
district treasurer must specify the purpose for which 
it is drawn, the fund on which it is drawn and the per- 
son to whom payable ; and no warrant shall be issued 
except for an indebtedness incurred prior to its issue. 



Endorsements 
on unpaid 

warrants. 



Interest S ner 
cent. 



Notice to 
drawee. 



Warrants — 
what to specify. 



44 



GENERAL SCHOOL LAWS 



Official oaths 
and bonds — 
where filed. 



Sec. 817. OATHS AND BONDS, WHERE TO 
BE FILED. — All official oaths and bonds of school 
district officers shall be filed with the district clerk, who 
shall immediately certify to the county superintendent 
tne fact of such oaths and bonds 'being filed. Said 
clerk shall file school treasurer's bond with county aud- 
itor after such bond has been approved by the district 
school board, as, provided in this chapter. In case of 
the breach of any of the conditions of the treasurer's 
bond, the board, through its president, and in case of 
his refusal so to do, the county superintendent shall 
cause an action to be commenced and prosecuted there- 
on in the corporate name of the district, and any money 
collected for the district shall be paid to the district 
treasurer and any money collected for fines shall be 
Action on treas- paid into the county treasury and be credited to the 
general school fund of the state. If the board and 
county superintendent both fail or refuse to bring such 
action any taxpayer in the district may commence and 
prosecute such action, and the necessary expense there- 
of shall be paid out of the district treasury unless oth- 
erwise ordered by the court. {See Appendix C. VIII. 
also Appendix D, Note ij.) 



urer's bond. 



Treasurer's 
salary. 



Board shall 
have' general 
charge and con- 
trol. 



No relative em- 
ployed without 
unanimous con- 
sent of board. 



May establish, 
locate , main- 
tain , change or 
discontinue 
schools. 



Sec. 818. SALARY OF SCHOOL TREASUR- 
ER.^ — -The school treasurer shall be paid for his ser- 
vices such sum as shall 'be fixed by the board not less 
than five nor more than twenty-five dollars per annum. 

Article ?. — Powers and Duties of District 
School Boards. 

Sec. 819. GENERAL POWERS.— The district 
school board shall have the general charge, direction 
and management of the schools of the district, and the 
care, custody and control of all the property belong- 
ing to it, subject to the provisions of this chapter; pro- 
vided, that in the employment of teachers, no relative 
of any member of the district board shall be hired 
without the unanimous consent of the board. 

Sec. 820. POWER TO ESTABLISH SCHOOLS. 
— It shall organize, maintain and conveniently locate 
schools for the education of children of school age 
within the district, and change or discontinue any of 
them in the cases provided by law. {See sec. /'04.) 



STATE OF NORTH DAKOTA 



Repairs, fuel, 
etc. 



Furniture and 
apparatus. 



School library. 



Appoint librar- 
ian. 



Sec. 821. REPAIRS, FUEL AND SUPPLIES.— 
It shall make all necessary repairs to the school houses, 
outbuildings and appurtenances, and shall furnish fuel 
and all necessary supplies for the schools. 

Sec. 822. FURNITURE, MAPS, REGISTER, 
SCHOOL LIBRARY.— It shall furnish to each school 
all necessary and suitable furniture, maps, charts and 
apparatus, including any dictionary which is recog- 
nized as a standard authority. The school register and 
all school blanks used, shall be those furnished by the 
state department of public instruction. It may appro" 
priate and expend each year not less than ten, nor more 
than twenty-five dollars for each school, or separate 
department thereof, of the district for the purpose of a 
school library, to be selected by the school board and 
the county superintendent of schools from any list of 
books prepared by the superintendent of public in- 
struction, and furnished by him to the county super- 
intendent for that purpose, and it shall not purchase 
any books which have not been approved by the super- 
intendent of public instruction. It shall have the care 
and custody of the library and may appoint as librarian 
any suitable person, including one of their number, 
but whenever practicable, the library shall be kept in 
the school house and always so when school is in ses- 
sion. It shall make rules to govern the circulation and 
care of the books while in the hands of the pupils or 
other persons, subject to. the general rules as may be 
prescribed by the state superintendent of public in- 
struction, and may impose and collect penalties for 
injuries done to any book by the act, negligence or 
permission of the person who takes the same or while 
in his possession, but no book shall be loaned to any 
person not a resident of the district. It may at any 
time temporarily exchange any part or all of its libray 
with any other district or person, so far as different 
books may be obtained, but each district shall recall 
its books before the close of the school term. It may 
at any time accept donations of books for the library, 
but it shall eixclude therefrom all books unsuited to 
the cultivation of good character and good morals and 
manners, and no sectarian publications, devoted to the 
discussion of- sectarian differences and creeds shall be 
admitted to the library. It shall be held accountable 
for the proper care and preservation of the library, 
and shall report annually to the county superintendent 



Rules govern- 
ing use of 
books. 



May exchange 
or exclude 

books. 



46 



GENERAL SCHOOL LAWS 



Who may 
teach. 



all library statistics which may be, required by the 
blanks furnished for that purpose by the superinten- 
dent of public instruction. 

Sec. 823. (Amended.) TEACHERS, HOW EM- 
PLOYED. SALARIES, HOW GRADED.— It shall 
employ the teachers of the school district and may dis- 
miss a teacher at any time for plain violation of con- 
tract, gross immorality or flagrant neglect of duty. 
No person shall be permitted to teach in any public 
school who is not the holder of a teacher's certificate 
or a permit to teach, valid in the county or district in 
which such school is situated, and every contract for 
the employment of a teacher must be in writing and 
such contract must be executed before such teacher 
begins to teach in such school. It shall grade the sal- 
aries of teachers for the district in accordance with the 
grade of certificate and no teacher holding a certificate 
of a lower grade shall receive a salary equal to or in 
excess of that paid to a teacher holding a certificate 
of a higher grade in the same district ; provided, fur- 
ther, that no teacher holding a second grade certificate 
shall receive less than forty-five dollars per month on 
and after the passage and taking effect of this act. 
m"nth'. ^*^ ^^^ And nothing in this section shall be construed to mean 
that teachers holding the same grade of certificate 
must necessarily receive the same wages. 

Sec. 824. (Amended.) PUPILS FROM OTHER 
DISTRICTS.— It shall have the power to admit to 
the schools in the district pupils from other districts, 
when it can be done without injuring or overcrowd- 
iijg such schools and shall make regulations for their 
admission and the payment of their tuition. It shall 
have the power to arrange with the board of an adja- 
cent district for sending to such district such pupils 
as can conveniently be taught therein, for paying their 
tuition, and for arranging and paying for their trans- 
portation to and from the school in such district; and 
when petitioned by a majority of the voters of a dis- 
trict it shall be the duty of the board of any district to 
arrange for sen'ding to such district such pupils as can 
conveniently be taught therein, for paying their tui- 
tion and for arranging and paying for their transpor- 
tation to and from the school in such district. It shall 
have the power to admit to the schools in the district 
pupils residing in unorganized territory adjacent to the 
district, and shall arrange with the parents or guar- 



Contract. 



Salaries 
graded. 



Minimum sal 
ary, second 



May admit 
pupils from 
other districts. 



May transfer 
pupils. 



STATE OF NORTH DAKOTA 



47 



dians of such pupils for paying their tuition ; but in 
no instance shall a board refuse privileges to or col- 
lect tuition from pupils residing in such adjacent un- 
organized territory, if the parents of such pupils are 
property holders in the district and pay taxes. It shall 
also have the power to make proper and needful rules 
for the assignment and distribution of pupils to and 
among the schools in the district, and their transfer 
from one school to another. (See Appendix D, note 
1 4-) 

Sec. 825. RULES. SUSPENSION OF PUPILS. 
—It shall assist and co-operate with teachers in the 
government and discipline of the schools, and may 
make proper rules and regulations therefor. It may 
suspend or expel from school any pupil who is insub- 
ordinate or habitually disobedient, but such suspension 
shall not be for a longer period than ten days nor such 
expulsion beyond the end of the current term of 
school. 



Sec. 826. BRANCHES OF STUDY.— Subject to 
tne approval of the county superintendent, it shall have 
power to determine what branches, if any, in addition 
to those required by law shall be taught in any school 
of the district. 

Sec. 827. TAX LEVY. NOTICE TO COUNTY 
AUDITOR.^ — -It shall have power to levy upon the 
property ih the district a tax for school purposes of not 
exceeding thirty mills on the dollar in any year, which 
levy she.. ^ made by resolution of the 'board prior to 
the twentieth day of July. The clerk shall immed- 
iately thereafter notify in writing the county auditor 
of the amount of tax so levied. It shall not have power 
to abate or reduce the amount of tax so levied after 
the county auditor has been notified of the amount of 
such Tevy. {See Appendix C, VI. if.) 

Sec. 828. WHEN SCHOOL HOUSES CAN BE 
USED FOR OTHER PURPOSES.— It may permit 
a school house, when not occupied for school purposes, 
to be used under careful restrictions for any proper 
purpose, giving equal rights and privileges to all re- 
■ ligious denominations or political parties, but for any 
such use or privilege it shall not be at any cost for 
fuel or otherwise to the district. Nor shall any 
furniture which is fastened to the floor be removed, 
and whoever removes any school furniture for any 



Government 
and discipline. 



Suspension. 



Course of 
study. 



Tax levy — 
how made and 
when. 



No reduction — 
when. 



School house 
used for other 
purposes. 



Conditions. 



48 



GENERAL SCHOOL LAWS 



other purpose than repairing the same or for repairing 
the school room shall be guilty of a misdemeanor and 
shall be fined not less than five nor more than ten dol- 
lars for each offense. All fines imposed and collected 
under the provisions of this section shall be paid into 
the gfeneral school fund of the state. 



Sec. 829. SCHOOL HOUSES AND SITES, 
HOW DETERMINED. PLANS FOR SCHOOL 
HOUSES, HOW PREPARED. BOARD OF IN- 
SPECTORS, HOW CONSTITUTED.— Whenever 
in the judgment of the board it is desirable or necessary 
to the welfare of the schools in the district, or to pro- 
vide for the children therein proper school privileges, 
or whenever petitioned to do so by one-third of the 
voters of the district, the board shall call a meeting of 
the voters in the district at some convenient time and 
place fixed by the board, to vote upon the question of 
the selection, purchase, exchange or sale of a school 
house site, or the erection, removal, or sale of a school 
house. Said election shall be conducted and votes 
canvassed in the same manner as at the annual elec- 
tion of school officers. Three notices of the time, 
place and purpose of such meeting shall be posted in 
three public places I'n the district at least ten days prior 
to such meeting. If a majority of the voters present 
at such meeting shall by vote select a school house 
site, or shall be in favor of the purchase, exchange or 
sale of the school house, as the case may be, in accord- 
ance with such vote, provided, it shall require a vote 
of tv\^o-thirds of the voters present and voting at such 
meeting to order the removal of the school house, and 
such school house so removed cannot again be removed 
within three years from the date of such meeting ; pro- 
vided, further, that whenever a school house is to be 
purchased, erected or constructed in a common school 
district, the school board shall consult with the county 
superintendent of schools and the county superin- 
tendent of health with regard to plans provid- 
ing for the proper construction, lighting, heating and 
ventilation ; provided, further, that it shall be the duty 
of the state superintendent of public instruction to 
furnish plans for school houses of one and two rooms 
as will be in accord with the best ideas pertaining to 
heating, lighting, ventilating and other sanitary re- 
quirements. ' 



Fines. 



School house 
sites , how sel- 
ected, pro- 
cedure. 



No removal 
within three 
years. 



STATE OF NORTH DAKOTA 



49 



Board of in- 
spectors. 



'2. The county superintendent of health, the chair- 
man of the board of county commissioners and the 
county superintendent of schools of each county are 
hereby constituted a board for the purpose of inspect- 
ing school houses and out-buildings with reference to 
their sanitary condition, and whenever the county 
superintendent of schools shall report to said board of 
inspection that a school house or out-building is in an 
unsanitary or unsafe condition, said board shall in- 
spect the same and shall direct the district school 
board to make such changes or repairs as are neces- 
sary to make such building or buildings sanitary, safe 
and fit ^or school purposes. 

Sec. 830. SCHOOL HOUSE SITES, HOW OB- 
TAINED AND MAXIMUM AREA ALLOWED.— 
The school board of any school district may take in the 
corporate name thereof, any real property not exceed- 
ing five acres in area chosen as a site for school 
house, as provided in this chapter, and may hold and 
use such tract for school purposes only. Should the 
owner of such real property refuse or neglect to grant 
and convey such site, a site for school house may be 
obtained by proceeding in eminent domain, as provided 
in the code of civil procedure. If the site so selected 
is not used for the purposes for which it is taken for 
two successive years, it shall revert to the original 
owner or his assigns upon payment of the sum origin- 
ally paid by the corporation. If such owner or his as- 
signs neglects or refuses to make such repayment for 
one year after demand therefor by the board, such 
site shall be the property of the district. 

Sec. 831. SCHOOLS TO BE ORGANIZED ON 
PETITION. — If a petition signed by the persons 
charged with the support and having the custody and 
care of nine or more children of school age, all of 
vv^hom reside not less than two and one-half miles 
from the nearest school, is presented to the board, 
asking for the organization of a school for such chil- 
dren, the board shall organize such school and employ rem^^te'^pu^piis' 
a teacher therefor, if a suitable room for such school 
can be leased or rented at some proper location not 
more than two and one-half miles distant from the 
residence of any one of such children, and if such 
petition is signed by the persons charged with the sup- 
port and having the custody and care of twelve or 
more such children, the board shall organize a school 



Grants, how 
taken care of. 



Area. 



Eminent do 
main. 



Reversion on 
payment. 



New school for 



50 



GENERAL SCHOOL LAWS 



and employ a teacher therefor and if no suitable room 
for such school can be leased or rented, the board shall 
call a meeting of the voters of the district for the selec- 
tion and purchase of a school house site therefor and 
the purchase or erection of a school house, as pro- 
vided for in section 829. If at such meeting no such 
site is selected or if it is not voted to erect or purchase 
a school house for such school the board shall select 
and purchase a school house site and erect, purchase 
or move thereon a school house at a cost of not more 
than twelve hundred dollars for such house and fur- 
niture therefor; provided, that the provisions of this 
section shall not apply in instances where schools have 
been consolidated in accordance with the provisions 
of section 832. 



Call meeting to 
select site. 



Length of time 
of school each 
year. 



Not less than 
six months. 



Conveying 
pils. 



Consolidation. 



Sec. 832. (Amended.) SCHOOL TERMS, HOW 
ARRANGED AND WHEN DISCONTINUED. 
CONSOLIDATION OF COMMON SCHOOLS.— 
The district board shall determine and fix the length 
of time the schools in the district shall be taught each 
year, and when each term of school shall begin and 
end. It shall so arrange such terms as to accommo- 
date and furnish school privileges equally and equit- 
ably to pupils of all ages ;. provided, that every com- 
mon school shall be kept in session for not less than 
six months in each school year ; provided, further, that 
any school may be discontinued when the average at- 
tendance of pupils therein for ten consecutive days 
shall be less than four ; and all contracts between 
school boards and teachers shall contain a provision 
that no compensation shall be received by such teacher 
from the date of such discontinuance, or when, with 
the consent of a majority of the patrons of such school, 
proper and convenient school facilities can be provided 
for the pupils therein in some other school ; provided, 
further, that a board may call, and, if petitioned by 
one-third of the voters in the district, shall call an elec- 
tion to determine the question of "conveying pupils at 
the expense of said district to and from schools already 
established," or "of consolidating two or more common 
schools, and of selecting a site and erecting a suitable 
building, or of making suitable additions to buildings 
already erected, to accommodate the pupils of schools 
to be vacated." Said elections shall be conducted, 
both as to notices and as to manner of canvassing the 
votes, in the same manner as the annual school elec- 



STATE OF NORTH DAKOTA 



51 



tion. If a majority of the votes cast at such election 
are in favor of conveying pupils to and from schools 
already established or of consolidating two or more 
schools and of providing a suitable building for the 
accommodation of the pupils of vacated schools, then 
the board shall make all necessary arrangements to 
carry out the decision of the district. The board shall 
arrange for the transportation of pupils to and from 
such schools. It shall establish routes of travel, adopt 
rules and regulations for such transportation and shall 
contract with responsible parties for such transporta- 
tion. 



Transportation 
and routes of 
travel. 



Sec. 833. ADDITIONAL SCHOOL TIME.— If 
a majority of the patrons of any school averaging for 
its last term twelve or more pupils in daily attendance, 
shall petition the board to continue such school for 
an additional time, not exceeding nine months in 
any school year, the board shall continue such school 
for that length of time, if there are funds in the treas- 
ury sufficient for that purpose. 

Sec. 834. (Amended-) DISTRICT HIGH 
SCHOOLS, HOW ESTABLISHED AND CON- 
TROLLED. — In any district containing four or more 
common schools, and having an enumeration of sixty 
or more persons of school age residing therein the 
board may call, and if petitioned so to do by ten or 
more voters in the district, shall call a meeting of the 
voters of such district in the manner prescribed in sec- 
tion 829 to determine the question of establishment 
of a district high school. If a majority of the voters 
at such meeting vote in favor of establishing such high 
school, the meeting shall further proceed to select a 
site therefor, and to provide for the erection or pur- 
chase of a school building or for the necessary addi- 
tion to some school building therefor. Thereupon the 
board shall erect or purchase a building or make such 
addition for such high school, as shall be determined 
at such meeting and shall establish therein a district 
high school containing one or more departments, and 
employ teachers therefor. Such school shall be kept 
in session for such time each year, not less than three 
months, as the board may determine. The board shall, 
subject to the approval of the countv superintendent, 
grade such high school, and prescribe the studies to 
be pursued therein, and shall have the same manage- 
ment and control thereof as of the common schools in 



Nine months 
school — when. 



District high 
schools. 



How estab- 
lished. 



Length of term. 



52 



GENERAL SCHOOL LAWS 



Course 
study. 



the district. Two or more adjacent school districts 
of may join in the estabHshment and maintenance of such 
high school, or of a graded school or of both, when 
empowered so to do by a majority of the voters in each 
district, at a meeting called and held as provided for in 
this section, in which case the building and furniture 
occupied and used for such high school or graded 
school shall belong to the districts so uniting and all 
the costs of maintaining such school, or schools, in- 
cluding wages of teachers and all necessary supplies 
shall be paid by such districts in proportion to the as- 
sessed valuation of the property I'n each, and the em- 
ployment of teachers therefor, and the management, 
control and grading thereof shall be vested in the joint 
boards of such districts, subject to the approval of the 
county superintendent of the county in which such 
districts are located. 



Adjacent dis- 
tricts may unite. 



Census. 



Defectives. 



Enumeration — 
how made and 
when. 



Sec. 835. SCHOOL CENSUS. ANNUAL RE- 
PORT. — The school board shall cause the clerk to 
make an enumeration between the first and twentieth 
day of June of each school year, of all unmarried per- 
sons of school age, being over six and under twenty, 
having their legal residence in the district, exclusive of 
any unmarried person of school age who is supported 
wholly at the expense of the state at any institution 
for the blind, institution for deaf and dumb, institution 
for feeble minded, the reform school or any model 
school in connection with any state normal school, giv- 
ing the names and ages of such persons and the names 
of parents and guardians having the care and custody 
of each ; also the names, ages and post office address of 
parents and guardians of each deaf and dumb, blind 
and feeble minded person between the ages of five and 
twenty-five years, residing in the district, including all 
such persons as may be too deaf or feeble minded to 
acquire an education in the common schools. The 
enumeration shall be made upon and in accordance 
with the blanks, furnished therefor by the county super- 
intendent, and shall be returned to the county super- 
intendent prior to the tenth day of July; provided, 
that in districts where the number of persons of school 
age attending school for a period of sixty days during 
the school year is less than fifty per cent of the total 
enumeration, it shall be the duty of the county super- 
intendent to withhold from such district its apportion- 
ment of state and county tuition funds until such time 



STATE OF NORTH DAKOTA 



53 



as a satisfactory explanation of the failure to send pu- 
pils to school is made by the school board of said dis- 
trict to the county superintendent and superintendent 
of public instruction. A copy of the enumeration of 
such deaf and dumb persons shall be furnished the 
superintendent of the school for the deaf ; a copy of 
the enumeration of such blind persons shall be fur- 
nished to the superintendent of the school for the 
blind, and the enumeration of such feeble 
minded persons shall be furnished the super- 
intendent of the institution for the feeble minded by 
the county superintendent immediately upon receipt of 
the same. A copy of such enumeration shall also be 
kept in the office of the district clerk. The board shall 
also cause the district clerk to make out an annual re- 
port for the year beginning" July 1 and ending June 30, 
containing such financial and statistical statements and 
items as shall be required by the superintendent of pub- 
lic instruction, upon and in accordance with the blanks 
furnished therefor by the county superintendent. Such 
report shall be carefully examined and certified as 
correct by the board at its regular meeting in July and 
transmitted to the county superintendent prior to the 
first day of August following. A copy of such report 
shall be filed in the district clerk's office. 



Reports, to 
whom sent. 



Sec. 836. RECORDS OPEN TO INSPECTION. 
— All reports, books, records, vouchers, contracts and 
papers relating to school business in a school district 
in the office of the clerk or treasurer, shall at all times 
be open to the inspection of any director, who shall ad- 
vise and aid in securing correct records and accounts 
and legal reports, and they shall likewise be open to 
the superintendent and any particular paper or record 
shall be exhibited at reasonable hours to any voter or 
taxpayer. 

Sec. 837. RECORDS AND TEACHING IN 
ENGLISH. — All reports and records of school officers 
and proceedings of all school meetings shall be in the 
English language, and if any money belonging to any 
district shall be expended in supporting a school in 
which the English language shall not be taught ex- 
clusively, the county superintendent or any taxpayer 
of the school corporation may in a civil action in the 
name of the corporation recover for such corporation 
all such money from the officer expending it or order- 
ing or voting for its expenditure. 



Records to be 
public. 



English lan- 
guage used 
clusively. 



54 GENERAL SCHOOL LAWS 

Sec. 838. MAINTENANCE OF STATE EDU- 
CATIONAL INSTITUTIONS.— For the purpose of 
providing for the maintenance of the state university 
and school of mines at Grand Forks, the agricultural 
college at Fargo, the state normal school' at Valley 
City, the state normal school at Mayville, the school 
for the deaf and dumb at Devils Lake, the school of 
One mill tax. forestry at Bottineau, the North Dakota academy of 
science at Wahpeton and the industrial school at Ellen- 
dale, as a part of the public school system of this state, 
there is hereby levied upon all taxable property in the 
state — real and personal — an annual tax of one mill 
on each dollar of the assessed valuation of such prop- 
erty in each and every year hereafter. 

' Sec. 839. COUNTY AUDITOR SHALL CAL- 
CULATE AMOUNT OF LEVY.— The county au- 
ditor of each county shall at the time of making the 
annual tax list in his county, calculate the amount of 
— how^^caicuiat?' ^hc Icvy hereinbefore provided for upon each and ev- 
ed- ery item of property assessed in his county as it ap- 

pears upon the last assessment roll and extend the same 
upon such tax list in a column to be provided for that 
purpose and such tax shall thereupon be calculated and 
paid over to the state treasurer the same as other state 
taxes. 

Sec. 840. TAXES, HOW APPORTIONED.— 
Such taxes so levied shall be apportioned by the state 
treasurer to the several institutions herein mentioned 
as follows : Thirty-three one-hundredths of a mill to 
the state university and school of mines at Grand 
Forks ; twenty one-hundredths of a mill to the agricul- 
tural college at Fargo ; fifteen one-hundredths of a 
mill to the state normal school at Valley City ; thirteen 
Amount of mill one-hundredths of a mill to the state normal school 
at Mayville ; six one-hundredths of a mill to the school 
for the deaf at Devils Lake; two one-hundredths of a 
mill to the school of forestry at Bottineau ; four one- 
hundredths of a mill to the North Dakota academy of 
science at Wahpeton ; seven one-hundredths of a mill 
to the industrial school at Ellendale ; provided, that all 
moneys hereafter collected from any tax heretofore 
levied shall be apportioned as herein provided. 

Sec. 84L MONEYS, HOW APPORTIONED. 
— The moneys arising from the taxes hereinbefore lev- 
ied are hereby appropriated for the maintenance of the 
state university and school of mines at Grand Forks, 



tax, 



STATE OF NORTH DAKOTA 



55 



the agricultural college at Fargo, the state normal 
school at Valley City, the state normal school at May- 
ville, the school for the deaf and dumb at Devils Lake, 
the school of forestry at Bottineau, the North Dakota 
academy of science at Wahpeton, and the industrial 
school at Ellendale, the same to be paid monthly to 
the board of trustees of the several institutions herein 
mentioned and in proportion as herein provided, upon 
vouchers of said board signed by their respective presi- 
dents, and to be expended by the several boards, in 
their discretion, in the establishment and maintenance 
of said institutions hereinbefore mentioned. ' 

Sec. 842. FUNDS, WHEN PAID OVER.— All 
moneys received as interest, and all moneys received 
for rents, for penalties, for permits, and all moneys 
received from any other source from the respective 
lands of the different educational institutions herein- 
after mentioned (except moneys received as principal What funds, 
from the sale of lands belonging to the agricultural 
college, lands belonging to the state university and 
school of mines, lands belonging to the school for the 
deaf and dumb, lands belonging to the two normal 
schools, lands belonging to the North Dakota academy 
of science, lands belonging to the industrial school), 
shall be paid over to the respective treasurers of the 
educational institutions above mentioned, by the state 
auditor on the first day of January, April, July and 
October in each year. The funds herein referred to 
shall be subject to the order of the respective boards 
of trustees of each institution hereinbefore mentioned 
and shall be used for the maintenance of such institu- 
tions respectively. 



When paid 
over. 



Fire escapes pro- 
vided. 



Fire Escapes for School Houses. 

(Chapter 124 Session Lazvs of iQop.) 

Sec. 1.— FIRE ESCAPES REQUIRED.— One or 
more stationary fire escapes, consisting of stairways, 
shall be attached to the outside of each one and every 
story, above the first story, of all school houses I'n this 
state having more than one story and not provided 
with a front and rear exit each at least four feet six 
inches in width. 

Sec. 2. DUTY OF SCHOOL OFFICERS.— It 
shall be the duty of all persons having charge of such Duty school 
school houses, including trustees, boards of directors 
and boards of education, to comply with the provisions 



officers. 



56 



GENERAL SCHOOL LAWS 



of the last section within six months after the same 
shall take effect. 



Penalty. 



Tree planting. 



Fences. 



Amount ex- 
pended annual- 

ly. 



Sec. 3. PENALTY.— Any and all persons failing 
to comply with the provisions of sections one and two 
of this act shall be deemed guilty of a misdemeanor. 

Sec. 4. EMERGENCY. — An emergency exists in 
this, that a great many schools in this state are not 
provided with stationary fire escapes, consisting of 
stairways, above the first story of those school houses 
having more than one story, therefore this act shall be 
in force and effect from and after its passage and ap- 
proval. 

Improvements to School Grounds. 

{Chapter 201 Session Laws of ipop.) 

Sec. 1.— DUTIES OF DISTRICT SCHOOL 
BOARDS AS TO TREE PLANTING.— It is hereby 
made the duty of every district school board in the 
state of North Dakota to plant trees and shrubs upon 
the grounds of every school house in their district and 
to encourage school children to plant such trees and 
shrubs and to cultivate and protect the same. 

Sec. 2. FENCES. — Where stock is permitted to 
run at large, it is hereby made the duty of the district 
school board to cause to be erected about the grounds 
of every school house in each district a fence sufficient 
to protect the trees and shrubs upon the school house 
grounds from destruction by live stock, and such fence 
shall be provided with convenient gates or stiles ; pro- 
vided, further, that in the construction of such fence 
barbed wire shall not be used. 

Sec. 3. FUNDS FOR TREE PLANTING AND 
CULTIVATION.— The district school board is here- 
by empowered and it shall be its duty to expend not 
less than ten dollars annually out of the funds of the 
school district for the purposes mentioned in the fore- 
going sections. 

Sec. 4. EMERGENCY. — Whereas, an emergency 
exists in that there is not at the present time any ade- 
quate law providing for the planting of trees upon 
school grounds and for the fencing of such school 
grounds, therefore, this act shall be in force and effect 
on and after its passage and approval. ' 



STATE OF NORTH DAKOTA 



57 



Age when un- 
lawful to em- 
ploy children. 



Must keep on 
file employment 
certificate. 



Child Labor. 
{Chapter ij^ Session Lazvs of ipop.') 

Sec. 1. UNLAWFUL TO EMPLOY CHILDREN 
UNDER FOURTEEN YEARS.— No child under 
fourteen years of age shall be employed, permitted or 
suffered to work in or in connection with any mine, 
factory, workshop, mercantile establishment, store, 
business office, telegraph office, restaurant, hotel, 
apartment house or in the distribution or transmission 
of merchandise or messages. It shall be unlawful for 
any 'person, firm or corporation to employ any child 
under fourteen years of age in any business or service 
whatever, during any part of the term during which 
the public schools of the district in which the child 
resides are in session. 

Sec. 2. EMPLOYMENT OF CHILD UNDER 
SIXTEEN YEARS.— No child between fourteen and 
sixteen years of age shall be employed, permitted or 
suffered to work I'n any mine, factory, workshop or 
mercantile establishment unless the person or corpora- 
tion employing him procures and keeps on file, and ac- 
cessible to the superintendent of schools of the city or 
village, if one is employed, otherwise, to the clerk of 
the school board or board of education, an employ- 
ment certificate as hereinafter prescribed, and keeps 
two complete lists of all such children employed there- 
in, one on file and one conspicuously posted near the 
principal entrance of the building in which such child 
is employed. On termination of the employment of 
a child so registered and whose certificate is so filed, 
such certificate shall be forthwith surrendered by the 
employer to the child or its parent or guardian or cus- 
todian. The superintendent of schools or clerk of 
the school board or board of education as the case may 
be, may make demand on an employer in whose factory 
a child apparently under the age of sixteen years is em- 
ployed or permitted or suffered to work and whose 
employment certificate is not then filed as required by 
this act, that such employer shall either furnish him 
within ten days evidence satisfactory to him that such 
child is in fact over sixteen years of age, or shall cease 
to employ or permit or suffer such child to work in 
such factory. The superintendent of schools of the 
city or village or clerk of the school board or board of 
education may require from such employer the same 
evidence of age of such child as is required on the issu- 



List must be 
posted. 



Accessible to 
whom. 



Must furnish 
evidence as to 
age , when. 



58 



GENERAL SCHOOL LAWS 



Employment 
certificate is- 
sued by whom 



ance of an employment certificate; and the employer 
furnishing such evidence shall not be required to fur- 
nish any further evidence of the age of the child. In 
case such employer shall fail to produce and deliver to 
the superintendent of schools of the city or village or 
the clerk of the school board or board of education, as 
the case may be, within ten days after such demand, 
such evidence of age herein required by him and shall 
thereafter continue to employ such child or permit or 
suffer such child to work in such factory, proof of the 
giving of such notice and of such failure to produce 
and file such evidence -shall be prima facie evidence in 
any prosecution brought for a violation of this act that 
such child is under sixteen years of age and is unlaw- 
fully employed. 

Sec. 3. WHO AUTHORIZED TO ISSUE EM- 
PLOYMENT CERTIFICATE.— The superintendent 
of schools of the city or village, if one is employed, and 
if not, then the clerk of the school board or board of 
education, is hereby authorized to issue an employment 
certificate in writing, such certificate to be issued upon, 
the evidence prescribed in section four of this act; 
provided, that no employment certificate shall be issued 
for any child then in or about to enter his own em- 
ployment or the employment of a firm or corporation 
of which he is a member, officer or employe. 

Sec. 4. EMPLOYMENT CERTIFICATE, ON 
WHAT ISSUED. — The person authorized to issue 
employment certificate shall not issue such certificate 
until he has received, examined, approved, and filed 
the following papers duly executed : 

1. The school record of such child properly filled 
out and signed as provided in this act. 

2. A passport or duly attested transcript of the 
certificate of birth or baptism or other religious record, 
showing the data and place of birth of such child. A 
duly attested transcript of the birth certificate filed 
according to law with a registrar of vital statistics, or 
other officer charged with the duty of recording births, 
shall be conclusive evidence of the age of such child. 

'3. The affidavit of the parent or guardian or cus- 
todian of a child, which shall be required, however, 
Quahfications of Qj-^|y [^ (.^gg, s^ch last mentioned transcript of the cer- 
tificate of birth be not produced and filed, showing the 
place and date of birth of such child, which affidavit 
must be taken before the officer issuing the employment 



Employment 
certificates is- 
sued on what 
evidence. 



STATE OF NORTH DAKOTA 



59 



certificate, who is hereby authorized and required' to 
administer such oath, and who shall not demand or re- 
ceive a fee therefor. Such employment certificate 
shall not be issued until such child has personally ap- 
peared before and been examined by the officer issuing 
the certificate, and until such officer shall, after making 
such examination, sign and file in his office a statement 
that the child can read and legibly write simple sen- 
tences in the English language and that in his opinion 
the child is fourteen years of age or upwards and has 
reached the normal development of a child of its age, 
and is in sound health and is physically able to perform 
the work which it intends to do. In doubtful cases 
such physical fitness shall be determined by a medical 
officer of the board or department of health. Every 
such employment certificate shall be signed, in the 
presence of the officer issuing the same, by the child 
in whose name it is issued. 

Sec. 5. CONTENTS OF CERTIFICATE.— 
Such certificate shall state the date and place of birth 
of the child, and describe the color of the hair and 
eyes, the height and weight and any distinguishing fa- 
cial marks of such child, and that the papers required 
by the preceding section have been duly examined, 
approved and filed and that the child named in such 
certificate has appeared before the officer signing the 
certificate and been examined. 



Certificate — 
what to contain. 



Sc. 6. SCHOOL RECORD, WHAT TO CON- 
TAIN. — The school record required by this act shall 
be signed by the principal or chief executive officer of 
the school which such child has attended and shall be 
furnished, on demand, to a child entitled thereto. It 
shall contain a statement certifying that the child has 
regularly attended the public schools or schools equi- 
valent thereto or parochial schools for not less than one 
hundred and twenty days during the school year pre- 
vious to his arriving at the age of fourteen years or 
during the year previous to applying for 
such school record and is able to read and 
write simple sentences in the English lan- 
guage and has received during such period instruction 
in reading, spelling, writing, English grammar and 
geography and is familiar with the fundamental oper- 
ations of arithmetic up to and including fractions. 
Such school record shall also give the age and resi- 
dence of the child as shown on the records of the 



School record^ 
what to contain. 



60 



GENERAL SCHOOL LAWS 



school and the name of its parent, guardian or custo- 
dian. 

Sec. 7. HOURS OF LABOR.— No persons un- 
der the age of sixteen years shall be employed or suf- 
fered or permitted to work at .any gainful occupation 
more than sixty hours in any one week, nor more than 
eight hours in any one day ; or before the hour of sev- 
en o'clock in the morning or after the hour of seven 
o'clock in the evening. Every employer shall post in 
a conspicuous place in every room where such minors 
are employed a printed notice stating the hours re- 
quired of them each day of the week, the hours of 
commencing and stopping work and the hours when 
the time or times allowed for dinner or for other meals 
begin and end. The printed form of such notice shall 
be furnished by the superintendent of schools of the 
city or village, or the clerk of the school board or 
board of education, and the employment of any minor 
for longer times in any day so stated shall be deemed 
a violation of this section. 



Hours of em- 
ployment. 



Inspection of 
places of work. 



Employments 
prohibited. 



Sec. 8. PEACE OFFICERS TO INSPECT 
PLACES OF WORK.— Peace officers may visit 
mines, factories, workshops and mercantile establish- 
ments in their several towns and cities and ascertain 
whether any minors are employed therein contrary to 
the provisions of this act ; and it shall be their duty to 
report any cases of such illegal employment to the 
school board or board of education. Such officer 
may require that the employment certificates and lists 
provided for in this act of minors employed in such 
factories, mines, workshops or mercantile establish- 
ments shall be produced for their inspection. Com- 
plaints for offenses under this act may be made by such 
peace officer or by any other person cognizant of the 
facts. 

Sec. 9. EMPLOYMENTS.— No child under the 
age of sixteen years shall be employed at sewing belts, 
or to assist in sewing belts, in any capacity whatever ; 
nor shall any child adjust any belt to any machinery; 
they shall not oil or assist in oiling, wiping or cleaning 
machinery ; they shall not operate or assist in operating 
circular or band saws, wood-shapers, wood-joiners, 
planers, sandpaper or wood polishing machinery, em- 
ery or polishing wheels used for polishing metal, 
wood-turning or boring machinery, stamping ma- 
chines in sheet metal and tinware manufacturing. 



STATE OF NORTH DAKOTA 



61 



stamping machines in washer and nut factories, op- 
erating corrugating rolls, such as are used 
in roofing factories, nor shall they be em- 
ployed in operating any steam boiler, steam 
machinery, or other steam generating appar- 
atus, or as pin boys in any bowling alleys ; they shall 
not operate or assist in operating dough brakes, or 
cracker machinery of any description ; wire or iron 
straightening machinery; nor shall they operate or 
assist in operating rolling mill machinery, punches or 
shears, washing, grinding or mixing mill or calendar 
rolls in rubber manufacturing; nor shall they oper- 
ate or assist in operating laundry machinery; nor 
shall children be employed in any capacity in prepar- 
ing an}^ composition in which dangerous or poisonous 
acids are used, and they shall not be employed in any 
capacity in the manufacture of paints, colors, or white 
lead ; nor shall they be employed in any capacity 
whatever in operating or assisting to operate any pas- 
senger or freight elevator; nor shall they be employed 
in any capacity whatever in the manufacture of goods 
for immoral purposes, or any other employment that 
may be considered dangerous to their lives or limbs, 
or where their health may be injured, or morals de- 
praved ; nor in any theater, concert hall, or place of 
amusement wherein intoxicating Hquors are sold ; nor 
shall females under sixteen years of age be employed 
in any capacity where such employment compels them 
to remain standing constantly. 

Sec. 10. PENALTY FOR VIOLATION OF 
THIS ACT. — Each owner, superintendent, manager 
or overseer of any mine, factory, workshop or mer- 
cantile establishment, and any other person who shall 
employ any child contrary to the provisions of this 
act or who shall in any manner violate the provisions ^^"^''y- 
thereof, shall be deemed guilty of a misdemeanor, and 
upon conviction thereof shall be fined for each offense 
in a sum not less than twenty dollars nor more than 
fifty dollars and costs. Each person authorized to 
sign a certificate as prescribed in the preceding sec- 
tion who certifies to any material false statement 
therein shall be deemed guilty of a misdemeanor, and 
upon conviction thereof, shall be fined not less than 
twenty dollars nor more than fifty dollars and costs. 



Not to be em- 
ployed where 
intoxicants are 
sold. 



62 



GENERAL SCHOOL LAWS 



Kindergartens 
may be estab- 
lished. 



Sec. 11. PROSECUTION. HOW BROUGHT. 
— Prosecutions under this act shall be brought in the 
Prosecution, name of the state of North Dakota before any court 
roug t. ^£ competent jurisdiction, and the fines collected shall 
be paid over to the county treasurer and by him cred- 
ited to the general fund of the state. 

Sec. 12. REPEAL.— All acts or parts of acts in 
conflict with this act are hereby repealed. 

Free Kindergartens. 

{Cltapter lo^ Session Lazvs of ipop.) 

Sec. 1. MAY BE ESTABLISHED. COST, 
HOW PAID. GOVERNMENT. DUTY OF 
SUPERINTENDENT OF PUBLIC INSTRUC- 
TION. — The school board of any school district in 
the state, upon a petition signed by a majority of the 
legal voters in the district, shall have the power to es- 
tablish and maintain free kindergartens in connection 
with the public schools of said district, for the in- 
struction of children between four and six years of 
age, residing in said district, and shall establish such 
CQurses of training, study and discipline and such 
other rules and regulations governing such prepara- 
tory or kindergarten schools as said board may deem 
best; provided, that nothing in this act shall be con- 
strued to change the law relating to the taking of the 
census of the school population or the apportionment 
of the state or county school funds among the sev- 
eral counties and districts in this state; provided, 
further, that the cost of establishing and maintaining 
Cost, how paid, such kindergartens may be paid from the school 
funds of said districts, raised by direct taxation for 
such purpose, and the said kindergartens shall be a 
part of the public school system, and governed, as far 
as practicable, in the same manner and by the same 
officers as are provided by law for the government of 
the other public schools of the state; provided, fur- 
ther that no person shall be employed as a teacher in 
such kindergarten schools who has not passed a sat- 
isfactory examination in such subjects as the state 
superintendent of public instruction shall require. The 
state superintendent of public instruction shall adopt 
rules governing the examination of kindergarten 
teachers, and shall furnish count}^ superintendents 
with examination questions, and the examinations 
shall be held in the manner provided by law for the 



Teachers, certi 
ficate for. 



STATE OF NORTH DAKOTA 



63 



Teachers may 
attend meeting 
of state educa- 
tional associa- 
tion. 



examination of teachers in tlie public schools ; pro- 
vided, further, that any person who shall complete 
the course of training for kindergarten teachers at 
the state normal school or its auxiliaries shall be en- 
titled to teach in the kindergarten schools of this state 
withouut examinations. 

North Dakota Educational Assoclvtion. 

(Chapter p8 Session Lazvs of ipop.) 

Sec. 1. SUPERINTENDENTS, PRINCIPALS, 
TEACHERS ATTENDING THE NORTH DA- 
KOTA EDUCATIONAL ASSOCIATION.— The 
board of education in special or independent districts, 
or the school district board in any common school dis- 
trict is hereby authorized to allow the superintendent, 
principal or teachers of the schools under its charge 
to attend any meeting of the North Dakota educa- 
tional association which may be held while the schools 
of such districts are in session without loss of salary. 

Sec. 2. REPEAL. — All acts or parts of acts in 
conflict with the provisions of this act are hereby re- 
pealed. 

Certain Acts Legalized. 

(Chapter 49 Session Lazvs of ipop.) 

Sec. 1. ACTS LEGALIZED.— Where the offi- 
cers of any incorporated city, village or school dis- 
trict of this state shall have incurred indebtedness and 
issued warrants or orders for the erection, purchase, 
repair or maintenance, within and for said city, vil- 
lage or school district for school or other buildings, 
or waterworks, gas or electric light plants, public 
wells, cisterns, fire apparatus, or legitimate corporate 
purposes for Said city, village or school district^ or to 
pay for or to raise money for any such purposes, and 
said warrants or orders are outstanding, or held in 
the general revenue or other funds of said city, vil- 
lage or school district, in any and all such cases where 
said warrants or orders are within the debt limit, the 
same are hereby legalized and are declared to be the 
valid indebtedness of such city, village or school dis- 
trict, and in every such case where the city council, 
village board of trustees, school board or board of 
education thereof shall have heretofore, or shall here- 
after determine by resolution, or ordinance, having 



Indebtedness 
declared legal. 



64 



GENERAL SCHOOL LAWS 



Bonds may be 
issued when. 



been thereunder authorized by a majority vote of the 
qualified electors of such city, village or school dis- 
trict voting thereon at any regular or special election 
that it was or is for the best interests of the city, vil- 
lage or school district to issue its negotiable bonds in 
the name of the city, village or school district 
for the sole purpose of funding such indebted- 
ness, then in every such case suuch bonds whether 
engraved, lithographed or printed on bond paper, 
shall when executed, sold and delivered as provided 
by law be deemed, and hereby are declared to be the 
valid obligations of such city, village or school dis- 
trict. 

Sec. 2. PENDING ACTIONS NOT AFFECT- 
ED. DEBT LIMIT.— This act shall not affect any 
actions now pending in which the validity of any 
such warrants, orders, bonds or indebtedness is called 
in question ; providing, however, that the issue of 
such bonds shall not be construed to be an increase 
of the indebtedness of the municipality and the pro- 
ceeds of sales of such bonds shall be applied exclu- 
sively towards the discharge of the indebtedness of 
such city, village or school district referred to in sec- 
tion one of this act. 



Pending ac- 
tions not inter- 
fered with. 



State tuition 
fund. 



Apportion- 
ment. 



Duty of coun- 
ty treasurer. 



Sec. 3. EMERGENCY.— It is hereby declared 
that an emergency exists and that this act shall, there- 
fore, be in full force and effect from and after its 
passage and approval, ■ 

Article 8. — School Funds. 

Sec. 843. STATE TUITION FUND, HOW, 
RAISED. — The net proceeds arising from all fines 
and penalties for violation of state laws, from leas- 
ing the school lands and the interest and income from 
the state permanent school fund shall be collected and 
paid into the state treasury in the same manner as is 
provided by law for the collection and payment of 
state taxes, and shall constitute the state tuition fund, 
which shall be apportioned among the several coun- 
ties of the state in proportion to the number of chil- 
dren of school age in each as shown by the last enum- 
eration authorized by law. 

Sec. 844. COUNTY TREASURER TO RE- 
PORT STATE TUITION FUND OUARTERLY. 
SUPERINTENDENT OF PUBLIC INSTRUC- 
TION APPORTIONS.— It shall be the duty of the 
county treasurer to receive from the proper officers 



STATE OF NORTH DAKOTA 



65 



Duty of state 
auditor. 



Apportionment 
by state super- 
intendent. 



the net proceeds of fines, penalties and forfeitures for 
violation of state laws, and all moneys arising from 
leasing of school lands within the county, and to for- 
ward a detailed statement of moneys so collected, 
specifying the amount received from each of the 
above sources, to the state auditor at the same time 
that he is required to make reports of other moneys 
to such auditor. It shall be the duty of the state 
auditor on or before the third Monday in February, 
May, August and November in each year to certify 
to the superintendent of public instruction the amount 
of the state tuition fund and the superintendent of 
public instruction shall immediately apportion such 
fund among the several counties of the state in pro- 
portion to the number of children of school age re- 
siding in each as shown by the last enumeration pro- 
vided for by law and certify to the state auditor, state 
treasurer and to the county treasurer and county sup- 
erintendent of each county, the amount apportioned 
to the respective counties. Immediately upon re- 
ceipt of such apportionment from the state superin- 
tendent as herein provided, the state auditor shall 
draw a warrant upon the state treasurer for the full 
amount of the state tuition fund apportioned to the 
several counties and shall deliver the same to the 
state treasurer taking his receipt therefor and shall 
notify the several county treasurers of the amounts 
due their respective counties and that such war- 
rant had been issued therefor and the state treasurer 
shall pay on such warrant to the several county 
treasurers the amount due their respective counties ; 
provided, however, that all moneys arising from in- 
terest on the permanent school fund and from leas- 
ing school lands shall be apportioned under a separ- 
ate item and such money shall be taken account of as a 
separate item by all oiifiicers making or certifying such 
apportionment, or through whose hands any portion 
of such fund shall pass and it is further made the duty 
of the district treasurer to keep such fund separate 
from all other funds and if at the close of the school 
year any part of such fund which was apportioned 
prior to the third Monday of November of such year 
remains in the hands of the district treasurer, he shall 
return the same to the county treasurer, taking his 
receipt therefor, and the county treasurer shall return 
all such funds so returned or that were not drawn 
by the district treasurer from^ the county treasury to 

—5-- 



Warrants. 



Interest on 
permanent 
school fund 
kept separate. 



66 



GENERAL SCHOOL LAWS 



-State institute 
fund. 



Special fund. 



Tuition fund — 
laow used. 



the state treasurer who' shall receipt for the same, 
and the county treasurer shall certify to the state 
auditor the amount so returned to the state treasurer. 

Sec. 845. FUNDS DEFINED. HOW USED, 
— All money received by the school district from the 
apportionment made by the superintendent of public 
instruction shall constitute and be designated the 
st?te tuition fund. All money received from district 
taxes, from subscription, from sale of property, or 
from any other source whatever except from appor- 
tionment made by the superintendent of public in- 
struction, shall be designated the special fund. In 
addition to the state tuition fund and the special fund, 
a sinking fund may be established as provided by this 
article. The state tuition fund shall be used only in 
the payment of teachers' wages ; provided, that if the 
state tuition apportioned to any district in one year is 
insufficient for the payment of teachers' wages in 
such district any money on hand or available be- 
longing to the special fund of such district may be 
applied to meet such deficiency; provided, further, 
that if the state tuition fund apportioned to any one 
district in any one year is more than sufficient for the 
payment of teachers' wages in such district the por- 
tion of such fund in excess of the amount so required 
may be applied to the payment of warrants drawn 
upon the special fund of such district, if such district 
has school the required number of months during such 
year as required by law. 

Sec. 846. FUNDS CONTROLLED AND PAID 
OUT BY DISTRICT TREASURER.— All funds 
shall be kept in the possession or under the control 
of and paid out by the district treasurer except as 
otherwise provided in this chapter, and he shall keep 
one general account for each district of the entire re- 
ceipts and expenditures, and separate itemized ac- 
counts as herein provided for each class of receipts 
and expenditures. His books shall at all times shpw 
by entries under proper heads all receipts of funds 
and payments made therefrom, so as to enable any 
person readily to ascertain any balance in account of 
any fund. 

Sec. 847. NOT ENTITLED TO TUITION' 
FUND. WHEN. ENUMERATION.— No school 
district shall be entitled to receive any portion of the 
state tuition fund that fails to make a report of the 



Excess. 



Funds con- 
trolled by treas- 
urer. 



Books — how 
kept. 



No tuition fund 
without enu- 
meration. 



STATE OF NORTH DAKOTA 



67 



Bond and oath 
of treasurer 
must be filed. 



enumeration of the children of school age in the man- 
ner provided by law, nor until such enumeration has 
been taken and reported as required by law. The 
county superintendent of schools shall not authorize 
the payment of money apportioned to any district un- 
less the bond and oath of such treasurer has been duly 
approved and filed, as provided for by section 817 ; 
provided, also, that the county superintendent is em- 
powered to withhold the payment of state and county 
tuition from any district whose clerk and treasurer 
have failed to make the reports provided for in sec- 
tion 835. New districts organized after the annual 
enumeration has been taken shall proceed immediate- 
ly to take the enumeration as provided by law, and 
after the receipt of such enumeration by the superin- 
tendent of public instruction through the county 
superintendent, the newly organized district shall re- 
ceive its proportionate share of the funds to be appor- 
tioned ; provided, further, that the county superin- 
tendent shall have the right to withhold the appor- 
tionment of the county and state tuition fund from 
any school district other than the new districts here- 
in provided for, which has not maintained school 
therein for a period of not less than six school months 
in each school of said district in the school year pre- 
ceding such apportionment or has not otherwise pro- 
vided school facilities for the pupils of that district ; 
provided, further, that it shall be mandatory upon 
the county superintendent to withhold the apportion- 
ment of state and county tuition funds from any dis- 
trict which has not maintained school for a period of 
at least four months in each school in said district or 
otherwise provided school facilities for the pupils of 
that district for the school year preceding such appor- 
tionment; and when such apportionment of state and 
county tuition: funds shall be withheld by the county 
superintendent from any district, they shall revert to 
the funds from which they were originally appor- 
tioned. 



New districts. 



County superin- 
tendent must 
withhold funds 
— when. 



Sec. 8^8. (Amended.) APPORTIONMENT 
OF STATE TUITION FUNDS BY COUNTY 
SUPERINTENDENT.— Within thirty days and 
not less than twenty days after receiving the certifi- 
cate of apportionment from the superintendent of 
public instruction and the certificate from the county 



County superin- 
tendent to ap- 
portion funds. 



68 



GENERAL SCHOOL LAWS 



auditor as provided for in section 855 of this chap- 
ter, the county superintendent shall apportion separ- 
ately to the several school districts, special districts, 
independent districts, and districts organized under 
special laws which are entitled to any portion of the 
state tuition and special funds within the county, in 
proportion to the number of children residing in each 
district over six and under twenty years of age, ex- 
cluding all married persons, as appears from the last 
enumeration authorized by law, upon which the sup- 
erintendent of public instruction made the appor- 
tionment to the several counties, and he shall immed- 
iately notify each district treasurer of the amount of 
tuition fund in the county treasury, due each district, 
and shall certify to the county treasurer and to the 
county auditor the amount due each school district. 
The county treasurer shall deliver to the several dis- 
trict treasurers upon the order of the county auditor 
the amounts apportioned to their respective districts, 
taking a receipt therefor. 

Sec. 849. SPECIAL AND INDEPENDENT 
DISTRICTS AND DISTRICTS ORGANIZED 
UNDER SPECIAL LAWS ENTITLED TO TUI- 
TION FUNDS.— Special and independent school 
districts and districts organized under special laws 
shall be entitled to receive their proportion of the 
state and special tuition funds ; provided, that the 
clerk or secretary of the board of education thereof 
shall make a report to the county superintendent of 
the enumeration of children of school age therein at 
the time and in the manner prescribed in this chapter. 



And notify dis- 
trict treasurers 
thereof. 



'Funds to spec- 
ial and inde- 
pendent dis- 
tricts. 



Conditions. 



Treasurer's ac- 
counts — how 
kept. 



Settlement — 
when. 



Sec. 850. TREASURER'S ACCOUNTS. AN- 
NUAL SETTLEMENT.— The district treasurer 
shall open new accounts with each fund at 
the beginning of each school year, and the 
balance of each fund shall be brought down and be- 
come a part of the first entry in opening the account 
for the new year. On the second Tuesday in July 
the school board shall make settlement with the dis- 
trict treasurer, and shall carefully examine his books, 
accounts and vouchers and shall ascertain if the 
amount of all warrants, bonds and coupons paid and 
redeemed or paid in part, together with the cash in 
his hands or under his control, is equal to the amount 
of cash on hand at the beginning of the school year, 
together with all money received by him from all 



STATE OF NORTH DAKOTA 



69 



sources for school purposes during the year. The 
district treasurer shall deliver to the board at such 
annual meeting all warrants, bonds and coupons paid Report in 
and redeemed by him during the school year and held *'''P''<^3te. 
by him as vouchers, taking the receipt of the board 
therefor, and such vouchers shall forthiwth be filed 
with the district clerk. He shall at that meeting 
make his annual report in triplicate, one copy* to be 
preserved in the treasurer's office, one ta be filed with 
the clerk of the school board and one to be transmit- 
ted to the county superintendent of schools, and the 
board shall cause to be published an itemized state- 
ment of the receipts and expenditures of the preced- 
ing year in a newspaper of the county nearest said 
school district ; provided, that if said board or treas- 
urer shall have failed to publish said statement by 
the first of September following the presentation of 
the treasurer's annual report, then it shall be the duty 
of the county superintendent of schools to cause the 
publication of the same in a newspaper of the county, 
said publication to be paid for by the school district. 
The treasurer's reports shall show the following: 

RECEIPTS. 

The balance at the close of the year. 
The amount received into the state tuition fund. 
The amount received into the state special fund. 
The amount received into the sinking fund. 

EXPENDITURES. 

The amount paid for school houses, sites and fur- 
niture. 

The amount paid for apparatus and fixtures. 

The amount paid for teachers' wages. 

The amount paid for services and expenses of 
school officers. 

The amount paid for redemption of bonds. 

The amount paid for interest on bonds. 

The amount paid for incidental expenses. 

The cash on hand at the close of the school year. 

Such report shall include such other items as may 
be required by the district board, or the superintend- other items, 
ent of public instruction, and shall be upon and in 
conformity with the blanks furnished him for that 
purpose. (Sec Apprndix B.- — Sec. 30/.) 



Form. 



70 



GENERAL SCHOOL LAWS 



Funds payable 
to treasurer — 
when. 



Notice to 
clerk. 



Sec. 851. WHEN COUNTY TREASURER TO 
PAY FUNDS TO DISTRICT TREASURER.— 
The treasurer of each district shall apply to the 
county auditor for an order, and the county treasurer 
shall pay over to him on such order all of the school 
money collected for such district -and all school 
money apportioned to such district by the county 
superintendent and the county auditor shall issue such 
order; provided, such district treasurer has quali- 
fied and filed his oath and hond as provided by law. 
It shall be the duty of the county treasurer, when 
payment is made to any school treasurer of any 
funds herein iprovided for, immediately to notify the 
clerk of the school board of the payment of the same. 

Sec. 853. COUNTY TREASURER TO KEEP 
ACCOUNTS WITH SCHOOL CORPORA- 
TIONS. — Each county treasurer shall keep a regu- 
lar account with each school corporation, in which 
he shall charge himself with all taxes collected by 
levy of the district school board and all sums appor- 
tioned to the district by the county superintendent or 
other authority and all sums received from the dis- 
trict, and he shall credit himself with all payments 
made to the treasurer of the district, distinguishing 
between the items paid by apportionment, those from 
county taxes and those from other sources. He 
shall also credit himself with all payments for re- 
demption or indorsement of warrants in the collec- 
tion of taxes and shall deliver to the district treasurer 
a duplicate tax receipt for the amount of each war- 
rant so indorsed or redeemed together with all war- 
rants so redeemed at the time of making other regu- 
lar payments to the district treasurer. To these cred- 
its, to balance the accounts, he shall add all items for 
legal fees, for collection and other duties. 



County treas- 
urer's ac- 
counts with 
school dis- 
tricts. 



Taxes to be 
collected by 
county treas- 
urer. 



Sec. 853. SCHOOL TAXES, HOW AND 
WHEN COLLECTED.— It shall be the duty of the 
county treasurer to collect the taxes for school pur- 
poses at the same time and in the same manner that 
the county and states taxes are collected, and full 
power is hereby given him to sell property for school 
taxes the same as is provided by law for the collec- 
tion of other taxes. Whenever an error occurs in 
any school corporation's tax list the district school 
board or board of education in special or independent 
districts or districts organized under special laws 



STATE OF NORTH DAKOTA 



[71 



may correct such errors and refund such taxes im- 
properly collected. All penalties and interest collect- 
ed on delinquent school taxes shall be applied to the 
proper fund to which such delinquent taxes belong-. 

Article 9. — Taxes. 



Refund of 
taxes. 



Sec. 854:. SCHOOL BOARD TO LEVY TAX. 
— Each district school board shall have power and it 
shall be its duty to levy upon all property subject to 
taxation in the district a tax for school purposes of 
all kinds authorized by law, not exceeding in the ag- 
gregate a rate of thirty mills on the dollar in any one 
year. Such tax shall be levied by resolution of the 
board prior to the twentieth day of July in each year, 
which resolution shall be entered in the records of the 
proceedings of the board. The clerk shall immed- 
iately thereafter notify the county auditor in writing 
of the amount of tax so levied, and such notice shall 
be "in substantially the following form : 

State of North Dakota, ) 

County of )- ss. 

School District j 

To 

County Auditor of County. 

Sir: 

You are hereby notified that the school board of 

school district has levied a tax of 

dollars upon all real and personal property in said 
school district for school purposes. You will duly 
enter and extend such tax upon the county tax list for 
collection upon the taxable property of such school 
district for the current year. 

Dated at this day of 190 . . 



Tax levy — 
when and how 
made. 



Notice to 
county auditor. 



District Clerk. 

The notice of a tax to pay any judgment against the 
district shall be in addition to the regular tax and 
shall be certified to the county auditor under the same 
general form, as near as may be ; provided, that if the 
boundaries of such district shall embrace a portion of 
two counties then the clerk of such district shall certi- 
fy to the county auditor of the county in which is Levy to pay 
located the original district to which such portion of Judgment. 
the district embraced in the other county is attached 
in addition to the tax levy above mentioned, a list and 
valuation of all property subject to taxation in such 



72 



GENERAL SCHOOL LAWS 



Poll tax. 



'County tuition 
fund. 



portion of such district embraced in the other county, 
as shown by the assessor making the assessment in 
such county, township or assessor's district, and the 
auditor shall enter such property upon the tax dupli- 
cate of his county and levy all school taxes upon the 
same, and the county treasurer of the county shall 
collect the taxes levied thereon the same as other tax- 
es are collected and pay the same over to the treasur- 
er of the district entitled thereto. {See Appendix 
C.—V.) 

Sec. 855. TAX, HOW LEVIED, HOW APPOR- 
TIONED. APPORTIONMENT OF DELIN- 
QUENT TAXES.— 1. The county auditor of each 
county shall at the time of making the annual assess- 
ment and levy of taxes levy a tax of one dollar on 
each elector in the county for the support of common 
schools, and a further tax of two mills on the dollar 
on all taxable property in the county, to be- collected 
at the same time and in the same manner as other 
taxes are collected, which shall be apportioned by the 
county superintendent of schools among the school 
districts of the county. 

2. It shall be the duty of the county auditor on or 
before the third Monday in February, May, August 
and November in each year, to certify to the county 
superintendent of schools the amount of such county 
tuition fund, which the county superintendent of 
schools shall apportion among the several school dis- 
tricts in the same form and manner as provided for 
the apportionment of the state tuition fund. The 
county superintendent shall file with the county audi- 
tor and the county treasurer a certified statement 
showing the amount apportioned to each district. 

'3. It shall also b? the duty of the county auditor 
to certify at the time herein specified the amount of 
delinquent taxes collected for the special tuition fund 
prior to those levied for the year 1899 which amounts 
shall be apportioned by the county superintendent of 
schools as herein provided ; and the county treasurer 
shall pay such amounts to the district treasurers the 
same as other special funds are paid. 

Sec. 856- MAXIMUM LEVY FOR FINAL 
JUDGMENT. TAXES TO BE UNIFORM.— 
When any final judgment shall be obtained against a 
school district the board thereof shall levy a tax upon 
the taxable property of such district not exceeding 



Apportioned 
how. 



Delinquent 
taxes. 



Levy to pay 
judgment. 



STATE OF NORTH DAKOTA 



73 



in amount twenty mills on the dollar in any one year, 
which shall be used in the payment thereof. The 
county auditor shall make out, charge and extend up- 
on the tax list against each description of real prop- 
erty and against all personal property, and upon all 
taxable property of the district, all such taxes for 
schools and judgments he is so notified has been lev- 
ied by the district in which the property is situated 
and taxable, in the same manner in which the county 
and state tax list is prepared, and deliver it to the 
county treasurer at the same time. All taxes for 
school purposes shall be uniform upon the property 
within each school district. ' 



Taxes to be 
uniform. 



Sec. 857. STATEMENT OF ASSESSED VAL- 
UATION. — Each assessor shall on or before the first 
day of July in each year furnish to the clerk of the 
school district, to the county superintendent of 
schools and to the county auditor a statement of the 
assessed valuation of all the property in such corpor- 
ation subject to taxation. 

Sec. 858. INDEBTEDNESS OF DISTRICT, 
HOW ADJUSTED WHEN NO LEGAL SCHOOL 
BOARD EXISTS.— If any school district in the state 
has for one or more years past, either through fail- 
ure to elect a school board or through failure of the 
county superintendent to appoint a. school board, been 
without a legal school board or ii hereafter any 
school district through such failure to elect or ap- 
point such school board shall be without such legal 
school board and such district shall have an author- 
ized indebtedness either in bonds, interest due on 
bonds, or otherwise, it shall be the duty of the county 
superintendent, the county treasurer and county aud- 
itor, acting as a board of adjusters, to assess upon the 
taxable property of such school corporation a tax not 
to exceed twenty mills on the dollar in any one year 
upon the assessed valuation thereof for the payment 
of the same. / Which tax so levied shall be extended 
upon the tax lists by the county auditor and be col- 
lected by the county treasurer as other taxes are col- 
lected and shall be applied upon and used for the pay- 
ment of such indebtedness, and shall be paid to the 
creditors of such district upon the warrant of the 
county auditor countersigned by the county 
superintendent, and all warrants, bonds, inter- 
est coupons, receipted bills or accounts shall be filed 



Assessor to 
furnish state- 
ment of valua- 
tion. 



Taxes, how 
levied in dis- 
tricts having 
no school 
board. 



Creditors of 
sucli district — 
how paid. 



74 



GENERAL SCHOOL LAWS 



in the office of the county auditor and in the case such 
school corporation has a bonded indebtedness, it shall 
be the duty of such board of adjusters to levy a tax 
upon the property of such district sufficient to create 
a sinking fund for the redemption of such bonds upon 
the maturity of the same, such sinking fund to be lev- 
ied and provided for in compliance with the require- 
ments of such bonds. 



State superin- 
tendent. 



Vacancy, 
filled. 



how 



County super- 
intendent. 



Vacancy, 
filled. 



how 



i Article 10. — Vacancies. 

Sec. 859. VACANCY IN OFFICE SUPERIN- 
TENDENT PUBLIC INSTRUCTION FILLED 
BY APPOINTMENT.— Should a vacancy occur in 
the office of the superintendent of public instruction, 
the governor shall have power and it shall be his duty 
to fill such vacancy by appointment, which appoint- 
ment shall be valid until the next general election and 
until his successor is elected and qualified. 

Sec. 860. VACANCY IN OFFICE OF COUN- 
TY SUPERINTENDENT.— Should a vacancy oc- 
cur in the office of county superintendent of schools, 
the board of county commissioners of such county 
shall have power and it shall be their duty to fill such 
vacancy by appointment, as provided by law, which 
appointment shall be valid until the -next general 
election. The county auditor shall immediately noti- 
fy the superintendent of public instruction of such ap- 
pointment. 

Sec. 861. VACANCY IN OFFICE OF DIREC- 
TOR OR TREASURER, HOW FILLED.— When 
an}^ vacancy occurs in the office of director or treas- 
urer of a school district by death, resignation, remov- 
al from the district, or otherwise, the fact of such va- 
District officers cauc}^ shall be immediately certified to the county 
—vacancy, how superintendent by the clerk of the district, and such 
superintendent shall immediately appoint in writing 
some competent person who shall qualify and serve 
until the next annual school election. The county 
superintendent shall at the same time notify the clerk 
of the school district and the county auditor of every 
such appointment. 

Sec. 862. VACANCY IN OFFICE OF CLERK, 

School clerk- ^OW FILLED.^Should the office of clerk of a 

vacancy, how school district bccomc vacant, the school board shall 

immediately fill such vacancy by appointment and the 



STATE OF NORTH DAKOTA 



75 



president of the board shall immediately notify the 
county superintendent and the county auditor of such 
appointment. 

Sec. 863. OFFICE, WHEN DEEMED VA- 
CANT. — Any office of a school district shall 
become vacant by resignation of the incumbent there- 
of, but such resignation shall not take effect until a 
successor has qualified according to law. Any office 
of a school district shall be deemed vacant if the per- 
son duly elected thereto shall neglect or refuse for the 
period of two weeks after the beginning of the term 
for which he was elected, to accept and qualify for 
such office and serve therein. Any school officer 
may be removed from office by a court of compentent 
jurisdiction, as provided by law. {See Appendix 
D, Note 3.) 

Article 11. — Equalization of Indebtedness. 

iSec. 864. EQUALIZATION OF INDEBTED- 
NESS BY ARBITRATION.— After the boundaries 
of a school district have been established as provided 
for in this chapter all school districts or parts of 
school districts that existed as school corporations, or 
as parts thereof before the taking effect of this code 
and that are now included in one school district shall 
effect an equalization of property, funds on hand and 
debts, or whenever the boundaries of two or more dis- 
tricts are re-arranged, all districts affected by such 
change shall effect an equalization of property, funds 
on band and debts. To effect this each school board 
of such corporation constituting a school district un- 
der the operation of this chapter, shall select one ar- 
bitrator, and the several, arbitrators so selected, to- 
gether with the county superintendent shall constitute 
a board of arbitration to effect such equalization. If 
in any case the number of arbitrators, including the 
county superintendent, shall be an even number, the 
county treasurer shall be included and be a member 
of such board. The county superintendent shall fix 
the time and place of such meeting. 

Sec. 865. TAX TO EQUALIZE AND PAY 
■PREVIOUS DEBTS.— SucTi board shall take an ac- 
count of the assets, funds on hand, the debts proper- 
ly and justly belonging to or thargeable to each cor- 
poration or part of a corporation affected by such 
change, and levy such a tax against each as will in 



Vacancy- 
when. 



Removal. 



Equalization 
of property, 
funds and 
debts. 



Arbitrators. 



Tax levy to 
equalize. 



76 



GENERAL SCHOOL LAWS 



Levy 15 
per year. 



mills 



Tax shall be 
paid to district 
treasurer. 



Tax levy not 
to_ exceed 30 

mills. 



its judgment justly and fairly equalize their several 
interests. 

Sec. 866. MAXIMUM ANNUAL TAX LEVY 
FOR SUCH PURPOSES.— When the amounts to 
be levied upon the several corporations or parts of 
corporations mentioned in the preceding section shall 
'be fixed, a list thereof shall be made wherein the 
amount shall be set down opposite each corporation. 
The whole shall be stated substantially in the form 
herein required for certifying school taxes and ad- 
dressed to the county auditor, and shall be signed by 
a majority of such board of arbitration; such levy 
shall be deemed legal and valid upon the taxable pro- 
perty of each corporation; provided, however, that 
not more than fifteen mills thereof shall be extended 
against such taxable property in any one year, and 
such a levy not exceeding fifteen mills on the dollar 
shall be extended as in this section provided from 
year to year, until the whole amount shall be so lev- 
ied. The county auditor shall preserve such levies 
and shall extend the several rates from year to year, 
as above required by law for district taxes and the 
taxes shall be collected at the same time and in the 
same manner as other taxes are collected. 

Sec. 867. PROCEEDS TO BE TURNED OVER 
TO THE RESPECTIVE DISTRICTS.— Opposite 
the several descriptions of property on the tax list 
shall be entered the school districts within which it 
lies, and all the proceeds of these equalizing taxes 
shall be collected and paid over to the treasurer of the 
proper school district within which the property is sit- 
uated. The proceeds of taxes upon parts of districts 
lying outside of the districts as at present constituted 
with which they were equalized shall be paid to the 
treasurer of the school district within which the pro- 
perty is situated, the same as hereinbefore provided 
for regular taxes. 

Sec. 868. MAXIMUM TAX LEVY FOR ALL 
SCHOOL PURPOSES.— The taxes levied for pur- 
poses of equalization shall be, in addition to all other 
taxes for school purposes ; provided, that all taxes 
for school purposes, including such taxes for equali- 
zation, shall not exceed thirty mills on the dollar in 
any one year. The provisions of this article shall 
apply to and govern all school districts and parts of 
school districts hereafter divided or consolidated with 



STATE OF NORTH DAKOTA 



77 



each other, or with other districts in the division unit- 
ing for apportionment of their debts and HabiHties or 
property and assets. 

Article 12. — Examinations and Certificates. 

Sec. 869. (Amended.) EXAMINATIONS FOR 
TEACHERS' CERTIFICATES.— The superintend- 
ent of pubHc instruction shall prepare or cause to be 
be prepared all questions for the examination of appli- 
cants for teachers' certificates, both county and state 
and shall prescribe rules for the conduct of all such 
examinations. He shall examine, mark and file, or 
cause to be examined, marked and filed, all answer pa- 
pers submitted by candidates for first, second and 
third grade county certificates, which answer papers 
shall be forwarded by the county superintendent im- 
mediately after the close of each examination to the 
superintendent of public instruction. He may appoint 
such clerical assistants as he may deem necessary, but 
the expenditures therefor shall not exceed in the ag- 
gregate the sum annually collected from applicants 
for county certificates for this purpose. 



Teacher's ex- 
aminations. 



Sec. 870. (Amended.) LIFE PROFESSION- 
AL CERTIFICATE, WHO ENTITLED.— He may 
issue a state certificate, to be valid for life, unless it 
lapse or be revoked, to be known as a life professional 
certificate. Such certificate shall be issued only to 
persons of good moral character who pass a thorough 
examination in all the branches included in the course 
of study prescribed for the common and high schools 
of the state, including pedagogics and such other 
branches as the superintendent of public instruction 
may direct, and to persons who have received degrees 
in liberal arts, granted by any college or university of 
recognized standing. Such certificate shall in no case 
be granted unless the applicant has had an experience 
as a teacher of at least five years ; provided, that any 
person, who is a graduate of the normal college of the 
university of North Dakota or of the state normal 
schools of North Dakota, and has had three years' 
successful experience after graduation, may be grant- 
ed such certificate without further examination ; pro- 
vided, further, that if the holder of a professional cer- 
tificate shall at any time cease to teach or be engaged 
in other educational work for a period of five years, 
such certificate shall lapse and the lapse, with date and 



Professional 
certificate- 
how obtained. 



Five years' ex- 
perience. 



Normal grad- 
uates. 



78 



GENERAL SCHOOL LAWS 



Certificates 
lapse — when. 



State 
cates , 



certifi- 
first-class. 



cause shall be made a matter of record in the office of 
the state superintendent of public instruction. Such 
certificate, however, .may be reinstated under such 
rules as may be prescribed by the superintendent of 
public instruction. 

Sec. 871. (Amende'd.) STATE CERTIFI- 
CATES. FIRST AND SECOND CLASS. SPE- 
CIAL. WHO ENTITLED.— 1. He may, issue a 
state certificate to be valid for the term of five years 
unless sooner revoked, to be known as a state certifi- 
cate of the first class. Such certificate shall be issued 
only to persons of good moral character who have 
completed the prescribed curriculum of study in the 
teachers' college of the state university, or in one of 
the normal schools of the state, or in a normal school 
elsewhere, having a reputation for thoroughness, or 
to those persons who have degrees in liberal arts, 
granted by any college or university of recognized 
standing, but the superintendent of public instruction 
may examine any such applicant in his discretion. 
Such certificate shall not be granted unless the appli- 
cant shall have taught school successfully for at least 
eighteen months after graduation. 

2. He may issue a state certificate, to be valid for 
a term of three years, unless sooner revoked, to be 
known as a state certificate of the second class. Such 
certificate shall be issued only to persons of good mor- 
al character who have completed the prescribed curri- 
culum of study in any reputable normal school, or who 
have received degrees in liberal arts from a college or 
university of good standing in this state, and have 
made a't least one year's study in pedagogics, such as 
shall be prescribed by the superintendent of public in- 
struction, but the superintendent of p-ublic instruction 
may examine any such aipplicant in his discretion. 

3. Any person who is a graduate of the teachers' 
college of the university of North Dakota, or of one 
of the normal schools of North Dakota, and who has 
had nine months' successful experience as a teacher 
after graduation, may be granted a state certificate 
of the first class ; provided, that a diploma from the 

piomas' rated as tcachers' College of the university of North Dakota or 

certificates. ^^ either of the normal schools of this state shall be 

the equivalent of a state certificate of the second class, 

if the party holding such diploma have the required 

age specified in section 875. 



Second class. 



Certain di- 



STATE OF NORTH DAKOTA 79 



4. He may issue special certificates authorizing the 
holders thereof to teach music, drawing, kindergarten, 
primary subjects, manual and industrial training, do- 
mestic science, nature study or elementary agricul- 
ture, which certificates shall be valid throughout the 
state, each for a term of three years, under such reg- 
ulations as the superintendent of public instruction 
may prescribe; provided, that graduates from the 
state normal and industrial school shall be entitled to 
certificates authorizing them to teach manual and in- 
dustrial training without further examination. 



special. 



Sec. 872. FEE FOR CERTIFICATE. CER- 
TIFICATE. HOW REVOKED.— The superin- 
tendent of public instruction shall require a fee of five 
dollars from each applicant for a life professional 
certificate, a fee of three dollars for a state certificate Certificate fee 
of the first or second class, and a fee of two dollars 
from each applicant for a special certificate, which 
fees 'shall be used by him to aid in the establishment 
and maintenance of teachers' reading circles and in 
the professionalizing of teaching in the state in such 
other ways as he may deem advisable. He shall re- 
voke at any time any certificate issued in this state for 
any cause which would have been sufficient ground 
for refusing to issue the same had the cause existed or 
been known at the time it was issued, and shall revoke cenTficate." ° 
the same for wilful violation of any teacher's contract 
entered into by the holder of any such certificate and 
any school board or board of school trustees in this 
state. 

Sec. 873. EXAMINATION OF TEACHERS 
BY COUNTY SUPERINTENDENT.— The county 
superintendent shall hold a public examination 
of all persons over eighteen vears of age „ . ^. 

rr • 1 1 1-1 ? t r Examination 

ottering themselves as candidates for teachers of by county sup- 
common schools at the most suitable place in the 
county, on the second Friday in March, and on the 
last Friday in May, August and October of each year, 
and when necessary, such examination may be contin- 
ued on the following day, at which time he shall ex- 
amine them by a series of written or printed ques- 
tions, according to the rules prescribed by the super- 
intendent of public instruction. The county superin- 
tendent shall forward all answer papers submitted by 
candidates for county certificates, designating each 
by number instead of name, immediately after the 



80 



GENERAL SCHOOL LAWS 



Papers sent 
state superin- 
tendent. 



close of the examination to the superintendent of pub- 
lic instruction for examination, marking, filing and re- 
cording. The superintendent of public instruction 
shall transmit, within thirty days from the date of said 
examination, a record of the standings of each appli- 
cant to the county superintendent who shall then grant 
to the applicant a certificate of qualification, if from 
the percentage of correct answers required by the 
rules, said applicant is found to possess the requisite 
knowledge and understanding to teach in the com- 
mon schools of the state the various branches re- 
quired by law; provided, the county superintendent 
has sufficient evidence that the candidate is a person 
of good moral character, has had successful exper- 
ience, if any, and possesses an aptness to teach ami 
Sfovern. 



Grades of cer- 
tificates and 
basis thereof. 



Permits 
teach. 



Sec. 874. TEACHERS' GRADES, HOW ES- 
TABLISHED. RE-EXAMINATION, WHEN 
ALLOWED. — County certificates shall be " of 
of three regular grades : First grade for a term of 
three years ; second grade for a term of two years ; 
and third grade for a term of one year, according to 
the ratio of correct answers for each applicant, and 
other evidence of qualification ; provided, that after 
January 1, 1908, county certificates shall be of two 
regular grades : First grade for a term of three 
years ; second grade for a term of two years. No 
certificate shall be granted unless the applicant shall 
be found proficient in and qualified to teach the com- 
mon branches of a common English education, read- 
ing, writing, orthography, language lessons and Eng- 
lish grammar, geography, United States history, civil 
government, physiology and hygiene and can pass a 
satisfactory examination in physical culture and the- 
ory and practice of teaching. In addition to the 
above, an applicant for a first grade certificate shall 
pass a satisfactory examination in physical geography, 
elementary physics, psychology, elementary algebra 
and geometry. The percentage required to pass any 
branch shall be prescribed by the superintendent of 
public instruction. The county superintendent may 
grant permission to teach until the results of the next 
regular examination are received from the superin- 
tendent of public instruction, to any person applying 
at any other time than at a regular examination, who 
can show satisfactory reasons for failing to attend 



STATE OF NORTH DAKOTA 



81 



Certificates 
permits — to 
whom issued 



and 



such examination and satisfactory evidence of quali- 
fication, subject to such rules and regulations as may 
be prescribed by the superintendent of public instruc- 
tion. Subsequent permits may be granted by the 
county superintendent with consent and approval of 
the superintendent of public instruction. The written 
answers of applicants for county certificates, after be- 
ing duly examined by the superintendent of public in- 
struction, shall be kept by him for a period of six 
months after such examination, and any - candidate, 
thinking an injustice has been done him, may by pay- 
ing a fee of two dollars into the institute fund of the 
county and notifying both the county superintendent 
and the superintendent of public instruction of the 
same, have his papers reviewed by the superintendent 
of public instruction, in person, and, if such answers 
warrant it, he shall instruct the county superintendent 
to issue such applicant a county certificate of the pro- 
per grade and the county superintendent shall carry 
out such instructions. 

Sec. 875. QUALIFICATION'S OF TEACH- 
ERS. CONTRACTS, WHEN VOID.— No cer- 
tificate or permit to teach shall be issued to 
any person under eighteen years of age, and no first 
grade certificate to any person who is under twenty 
years of age, and who has not taught successfully 
twelve school months, and no person shall be allowed 
to teach more than fifteen school months on third 
grade certificates. First and second grade certificates 
may be renewed without examination, under such re- 
quirements as shall be imposed by the superintendent 
of public instruction. The certificate issued by a 
county superintendent shall be valid only in the county 
where issued; provided, that a county superintendent 
shall indorse for the full period for which they are 
valid when presented to him for indorsement first and 
second grade certificates. A fee of one dollar shall 
be paid into the institute fund of the county for each 
renewal or indorsement. No person shall be employed 
or permitted to teach in any of the public schools of 
the slate, except those in cities organized for school 
purposes under special laws, or organized as indepen- 
dent districts, under the general school laws, who is 
not the holder of a lawful certificate of qualification 
or a permit to teach, and no teacher's certificate, issued 
by the superintendent of public instruction, nor a 
teacher's diploma granted by any institution of learn- 

— 6— 



Valid where. 



Fee, 



82 



GENERAL SCHOOL LAWS 



Contract 
when. 



void, 



I'ng in this state shall entitle a person to teach in such 
public schools of any county, unless such certificate or 
diploma shall have been recorded in the office of the 
county superintendent and it shall be the duty of the 
county superintendent to record such certificate or 
diploma; provided, further, that no certificate or per- 
mit to teach in the schools of the state shall be granted 
to any person who is not a citizen of the United 
States, unless such person has resided in the United 
States for one year, at least, prior to the time of such = 
application for such certificate or permit. Any con- 
tract made in violation of this section shall be void. 



Fee for 
ficate. 



Revocation 
certificate — 
■when. 



of 



Section 876. FEES FOR CERTIFICATE.— 
Each applicant for a county certificate shall 
pay two dollars to the county superintendent, one dol- 
lar of which shall be paid into the county teachers' 
institute fund to be used in support of teachers' insti- 
tutes or the teachers' training schools in the county, 
as otherwise provided, and one dollar of said fee shall 
be used by the superintendent of public instruction for 
such clerical assistance as he may deem necessary and 
competent for the reading of teachers' answer papers 
and work connected therewith. It shall be the duty 
of the county superintendent, immediately after each 
examination, to forward one dollar for each applicant 
for teacher's certificate to the superintendent of pub- 
lic instruction, such sums to be used by him as herein- 
before provided. {See Sections f/s and 8po.) 

Section 877. CERTIFICATES, WHEN RE- 
VOCABLE. — The county superintendent is au- 
thorized and required to revoke and annul, at any 
time, a certificate granted by him or his predecessor 
for any cause which' would have authorized or re- 
quired him to refuse to grant it, if known at the time 
it was granted, and for incompetency, immorality, in- 
temperance, cruelty, crime against the laws of the 
state, breach of contract, refusal to perform his duty 
or general neglect of the work of the school. The 
revocation of the certificate shall terminate the em- 
ployment of such teacher in the school where he may 
be at the time employed. Such teacher must be paid 
up to the time of receiving notice of such revocation. 
The county superintendent shall immediately notify 
the clerk of the school district where such' teacher is 
employed and he may notify the teacher through the 
clerk, of such revocation, and he shall also notify the 



STATE OF NORTH DAKOTA 



83 



state superintendent of public instruction and each 
county superintendent in the state, and shall enter his 
action in such case in the books of record in his office. 

Sec. 878. PROCEEDINGS TO REVOKE. 
TEACHERS' ALLOWED DEFENSE.— In pro- 
ceedings to revoke a certificate the county superin- 
tendent may act upon his personal knowledge or upon 
competent evidence obtained from others. In the lat- 
ter case, action shall be taken only after a fair hear- 
ing, and the teacher must be notified of the charge and Revocation 
given an opportunity to make a defense at such time procedure. 
and place as may be stated in such notice. Upon his 
own knowledge the superintendent may act immed- 
iately without notice, after an opportunity has been 
afforded such teacher for personal explanation. When 
any certificate is revoked the teacher shall return it to 
the superintendent but if such teacher refuses or neg- 
lects so to do the superintendent may issue notice of 
such revocation by publication in some newspaper 
printed in the county. 

Article 13. — Duties of Teachers. 

iSec. 879. (Amended.) GIVE NOTICE OF OPEN- 
ING AND CLOSING SCHOOL.— Each teacher on 
commencing a term of school shall give written notice 
to the county superintendent of the time and place of 
beginning such school and the time when it will prob- 
ably close, and prior to receiving salary for the first 
month each teacher must exhibit his certificate to the 
clerk of the district school board. If such school is 
to be suspended for one week or more in such term 
the teacher shall notify the county superintendent of 
such suspension. * 



Opening and 
closing school 
— notice. 



No compensa- 
tion to teacher 
— when. 



Sec. 880. WHEN TEACHER NOT ENTITLED 
TO COMPENSATION.— No teacher shall be en- 
titled to or receive any compensation for the time he 
teaches in any public school without a certificate valid 
and in force for such time in the county where such 
school is taught, except that if a teacher's certificate 
shall expire by its own limitation within six weeks of 
the close of the term, such teacher may finish such 
term without re-examination or renewal of such cer- 
tificate. 

Sec. 881. TEACHER'S REGISTER, WHAT 
TO CONTAIN. Each teacher shall keep a school Teacher's reg- 
register and at the close of each term make a report, '^'^'^* 



84 



GENERAL SCHOOL LAWS 



Report. 



containing the number of visits of the county superin- 
tendent, and such items and in such form as shall be 
required. Such report shall be made in duplicate, 
both copies of which shall be sent to the county super- 
intendent, who, if he finds such report to be correct, 
shall immediately return one copy to the district clerk, 
same to be filed with him. No teacher shall be paid 
the last month's wages in any term until such report 
shall have been approved hy the county superintend- 
ent and one copy returned to the district clerk. 

Sec. 882. (Amended.) SCHOOL YEAR AND 

.SCHOOL WEEK DEFINED. HOLIDAYS.— The 
school year shall begin on the first day of July and 
close on the thirtieth day of June of each year. A 
school week shall consist of five days and a school 
month of twenty days. No school shall be taught on a 
legal holiday nor on any Saturday ; provided, however, 
that on February the twelfth, Lincoln's birthday, Feb- 
ruary the twenty-second, Washington's birthday and 
May the thirtieth, Memorial Day, all schools in session 
shall assemble for a portion of the day and devote the 
same to patriotic exercises consistent with that day, 
unless such holidays shall fall upon Saturday or Sun- 
day, when such services shall be held on the Friday 
preceding. A legal holiday in term time falling upon a 
day which otherwise would be a school day shall be 
counted and the teacher paid therefor, but no teacher 
shall be paid for Saturday nor be permitted to teach 
on Saturday to make up for the loss of a day in the 
term. 



Wages held 
back. 



School year. 



School week. 



Holidays. 



Course of 
study. 



Sec. 883. (Amended.) BRANCHES TO BE 
TAUGHT IN ALL SCHOOLS.— Each teacher in 
the common schools shall teach pupils as they are suf- 
ficiently advanced to pursue the same, the following 
branches : 

Orthography, reading, spelling, writing, arithemtic, 
language lessons English grammar, geography, Unit- 
ed States history, civil government, physiology and 
hygiene, giving special instruction concerning the na- 
ture of alcoholic drinks and other narcotics and their 
effect upon the human system, shall be taught as thor- 
oughly as any branch is taught. There shall also be 
taught in every school in connection with physiology 
and hygiene simple lessons on the nature, treatment 
and prevention of tuberculosis. All pupils in the 
above mentioned schools below the hiarh school and 



STATE OF NORTH DAKOTA 



85 



above the third year of school work computing- from 
the beginning of the lowest primary year, shall re- 
ceive instruction in this subject every year from text 
books adapted to grade in the hands of pupils for not 
less than four lessons per week for ten weeks of each 
school year. In all schools above mentioned, all pu- 
pils in the lowest three primary school years shall each 
year be instructed orally in this subject for not less 
than three lessons per week for ten weeks of each 
school year by teachers using 4:ext books adapted to 
grade for such instruction as a guide or standard. 
Each teacher in the schools in special districts and in 
the cities organized for school purposes under special 
law shall conform to and be governed by the provi- 
sions of this section. 

Sec. 884. TEACHING HUMANE TREAT- 
MENT OF ANIMALS.— There shall be taught 
in the public schools of North Dakota, in addition to 
other branches of study now prescribed, a system 
of study of the humane treatment of animals ; such Humane treat- 

'• 1 11 1 • r nient of ani- 

mstruction shall be oral and to consist of not less than mais. 
two lessons of ten min.utes each per week. The prin- 
cipal or teacher of every school shall certify in each 
of his or her reports that such instruction has been 
given in the school under his or her control. 

Sec. 885. TEACHERS' INSTITUTES AND 
TEACHERS' TRAINING SCHOOLS, HOW NO- 
TICED. PENALTY FOR FAILURE TO AT- 
TEND. — When a teachers' institute or teachers' 
training school is appointed to be held in or for any 
county it shall be the duty of the county superintend- 
ent to give written or printed notice thereof to each 
teacher in the public schools of the county, and as far stitute— notice 
as possible to all others not then engaged in teaching, **^* 
who are holders of teachers' certificates, at least ten 
days before the opening of such institute or teachers' 
training school of the time and place of holding it. 
Each teacher receiving such notice, engaged in teach- 
ing a term of school which includes wholly or in part 
the time of holding such institute or teachers' train- 
ing school, shall close school and attend the same and 
shall be paid by the school board of the district his 
regular wages as teacher for the time he attended 
such institute or teachers' training school, as certified 
by the county superintendent, but no teacher shall re- 
ceive i^ay unless he has attended four consecutive 



Schools to 
close. 



86 



GENERAL SCHOOL LAWS 



Failure to at- 
tend — penalty. 



Exception. 



Suspension •£ 
pupils. 



da3^s nor shall any teacher receive pay for more than 
five days. The county superintendent may revoke 
the certificate of any teacher in his county for inex- 
cusable neglect or refusal after due notice, to attend 
a teachers' institute or teachers' training school held 
for such county. The provisions of this section 
shall not apply to high school teachers, nor to teachers 
in cities organized for school purposes under a special 
law, nor to teachers in cities organized as independent 
districts under the provisions of this chapter. 

Sec. 886. PUPIL MAY BE SUSPENDED FOR 
CAUSE. — A teacher may suspend from school for 
not more than five days any pupil for insubordination 
or habitual disobedience, or disorderly conduct. In 
such case the teacher shall give immediate notice to 
the parent or guardian of such pupil, also to some 
member of the district school board of such suspen- 
sion and the reason therefor. {See Sec. 82^.) 

. Sec. 887. ASSIGNMENT OF STUDIES TO 
PUPILS. — It shall be the duty of the teacher to as- 
sign to each pupil such studies as he is qualified to 
pursue, and to place him in the proper class in any 
studies subject to the provisions in section 883 ; pro- 
vided, that in a graded school under the charge of a 
principal or local superintendent, such principal or 
superintendent shall perform this duty. In case any 
parent or guardian is dissatisfied with such assign- 
ment or classification, the matter shall be referred to 
and decided by the county superintendent. 

Sec. 888. BIBLE NOT SECTARIAN BOOK. 
READING OPTIONAL WITH PUPIL.— The Bi- 
ble shall not be deemed a sectarian book. It shall 

be^excfuded ^°^ ^^^ ^^ excluded from any public school. It may at 
the option of the teacher be read in school without 
sectarian comment, not to exceed ten minutes daily. 
No pupil shall be required to read it nor be present 
in the school room during the reading thereof con- 
trary to the wishes of his parents or guardian or oth- 
er person having him in charge. Moral instruction 
tending to impress upon the minds of pupils the im- 

Morai instruc- porfaucc of truthfulness, temperance, purity, public 
spirit, patriotism and respect for honest labor, obed- 
ience to parents and due reference for old age, shall 
be given by each teacher in the public schools. 



Pupils to be 
graded by 
teacher. 



STATE OF NORTH DAKOTA 



87 



Sec. 889. PHYSICAL EDUCATION.— Physi- 
cal education, which shall aim to develop and disci- 
pline the body and promote health through systemat- 
ic exercise, shall be included in the branches of study 
required by law to be taught in the common schools, 
and shall be introduced and taught as a regular branch 
to all pupds in all departments of the public schools 
of the state, and in all educational institutions sup- 
ported wholly or in part by money from the state. It 
shall be the duty of all boards of education and 
boards of educational institutions receiving money 
from the state, to make provision for daily instruction 
in all the schools and institutions under their respect- 
ive jurisdiction, and to adopt such method or meth- 
ods as will adapt progressive physical exercise to the 
development, health and discipline of the pupils in- 
the various grades and classes of schools and institu- 
tions receivi'ns: aid from the state. 



Systematic 
physical exer- 
cise. 



Article 14.— Institutes, Associations and Read- 
ing Circle. 

Sec. 890. TEACHERS' COUNTY INSTITUTE 
FUND. — All money received by the county superin- 
tendent from examination fees for the county institute 
fund, and all money paid into this fund from the 
county general revenue fund, shall be used by him to 
aid in the support of teachers' institutes or teachers' 
training schools, to be held within or for the county 
and to pay necessary expenses incurred therein. The 
county superintendent shall present an itemized state- 
ment, duly verified to the county auditor for the 
amount of all such necessary expenses and the audi- 
tor shall issue a warrant therefor as provided by law. 
The county superintendent shall, at the end of each 
year, submit a full and accurate statement of the re- 
ceipts and expenditures of these funds, under oath, 
to the superintendent of public instruction. {See 
Sections 772 and 8/6.) 

Sec. 891. APPROPRIATION FOR INSTI- 
TUTE FUND. DESIGNATION OF CONDUC- 
TORS. — There is hereby appropriated out of any 
funds in the state treasury, not otherwise appropriat- 
ed, the sum of fifty dollars each year to each organ- 
ized county in the state in which there are ten or more 
resident teachers, which shall be designated as the 
state institute fund, and which shall be used exclu- 



County insti- 
tute fund. 



Appropriation 
to counties. 



GENERAL SCHOOL LAWS 



Conductors. 



si'vely in employing persons of learning, ability and 
experience as conductors of teachers' institutes, and 
the further sum of ten cents a mile for the distance 
actually and necessarily traveled by a lecturer for such 
institute. The superintendent of public instruction 
after consultation with the county superintendent as 
to the special needs and wants of their respective 
counties, shall appoint the time, place and duration 
of these institutes and shall designate the persons to 
act as conductors of and lecturers at such institutes, 
as in his judgment the needs of the various counties 
demand. 



Funds , how 
paid. 



Sec. 892. (Amended.) INSTITUTE FUNDS, 
HOW PAID OUT.— It shall be the duty of the 
county superintendent of schools in all cases to consult 
with the state superintendent of public instruction in 
reference to the management of such institute or 
teachers' training school, and he shall carry out the 
suggestions of such state superintendent as to the 
modes of instruction. No salary shall be paid to any 
conductor or instructor not previously appointed or 
employed as herein provided. The money hereby 
appropriated from the state treasury for the support 
of teachers' institutes or teachers' training schools 
shall be paid to the persons to whom it is due by war- 
rant of the state auditor upon the state treasurer, 
which shall be issued upon the presentation of an ac- 
count in due form, receipted by the person to whom 
due and approved by the state superintendent of pub- 
lic instruction ; provided, that no county shall receive 
more than ten dollars from such appropriation for the 
payment of conductor's salary for each day its insti- 
tute is in session; provided, that the state and county 
institute funds specified bv sections 890 and 891, and 
the appropriation specified by section 893 of one or 
more counties may be applied to the support of a 
teachers' training school for such county or counties 
at the request of the county superintendent for such 
county or counties with the consent and under the 
direction of the state superintendent of public instruc- 
tion ; provided, further, that where a teachers' train- 
ing school of not less than three weeks' duration is 
held within or for any county, the conductor of such 
training school and the countv superintendent shall 
file a certified statement with the county auditor, spe- 
cifying the time and place of such teachers' training 



STATE OF NORTH DAKOTA 



89 



school and the total number of schools and separate 
departments in graded and high schools in said coun- 
ty in which school has been taught at least four 
months during the preceding school year. The 
county auditor shall file a copy of said statement with 
the county treasurer who shall thereupon transfer 
from the county general revenue fund to the county 
institute fund the sum of two dollars for each school 
or separate department in high and graded schools 
in the county, as per specified statement filed with the 
county auditor. 

Sec. 893. COUNTY COMMISSIONERS MAY 
AID INSTITUTES. — The money assigned for any 
particular institute may be added to any fund fur- 
nished for the purpose by any sounty, and the insti- 
tute extended as long as the entire fund will allow. If 
a sufficient county fund is not otherwise provided, the 
board of county commissioners may appropriate not propriations 
more than fifty dollars in any county each year in aid 
of institutes. The superintendent of public instruc- 
tion may require a statement of the amount of funds 
the county has on hand for this purpose at any time. 



County com- 
missioners 
may make ap- 



Article 15. — Compulsory Education. 

Sec. 894. (Amended.) SCHOOL AGE, WHO EX- 
EMPT FROM COMPULSORY ATTENDANCE. 
— Every parent, guardian or other person who resides 
in any school district or city, who has control over any 
child or children of or between the ages of eight and 
fourteen shall send each child or children to a public 
school I'n each year during the entire time the public 
schools of such district or city are in session, and ev- 
ery parent, guardian or other person having control 
of any deaf or feeble-minded child or youth between 
the ages of seven and twenty-one years of age shall 
be required to send each deaf child to the school for 
the deaf at the city of Devils Lake, and any feeble- 
minded child to the institution for the feeble-minded 
at Grafton ; provided, that such parent, guardian or 
other person having such control of ^ any child shall 
be excused from such duty by the school board of the 
district or by the board of education of the city or 
village whenever it shall be shown to their satisfac- 
tion, subject to appeal as provided by law, that one 
of the following reasons therefor exists : 



School age. 



Defectives. 



Exceptions. 



90 



GENERAL SCHOOL LAWS 



Distance. 



1. That such child is taught for the same length of 
time in a parochial or private school, approved by 
such board ; that no school shall be approved by such 
board unless the branches usually taught in the public 
schools are taught in such schools. 

2. That such child is actually necessary to the sup- 
port of the family. 

3. That such child has already acquired the 
branches of learning taught in the public schools. 

4. That such child is in such a physical or men- 
tal condition (as declared by the county physician, if 
required by the board) as to render such attendance 
inexjpedient or impracticable. If no school is taught 
the requisite length of time within three miles of the 
residence of such child by the nearest route, such at- 
tendance shall not be enforced, except in cases of con- 
solidated schools v^here transportation may be ar- 
ranged by the school board ; provided, that in districts 
where children live beyond the three mile limit and 
school facilities are not otherwise provided, the dis- 
trict board shall provide transportation for such chil- 
dren to and from school, paying therefor a sum not 
exceeding ten cents per mile one way per day for one 
or two pupils, and five cents each per mile one way 
per day for more than two pupils for each day's at- 
tendance at school. In districts having consolidated 
schools where transportation is arranged for by the 
school board, or in other districts providing transpor- 
tation, attendance shall be required of pupils residing 
within four miles of such school or schools, but this 
provision shall not apply to deaf or feeble-minded 
children in this state. The common schools pro- 
vided for in this chapter shall be at all times equally 
free, open and accessible to all children over six and 
under twenty years of age, residents of the school 
districts where they are held or entitled to attend 
school, under any special provisions of this chapter, 
subject to the regulations herein made, and to such 
regulations as the several school boards and boards 
of education may prescribe, equitably and justly, and 
not in conflict with the provisions of law ; provided, 
further, that this section shall not be construed to ap- 
ply to parents, guardians or other persons having con- 
trol of any child or children between the ages of eight 
and fourteen who desire to send such child or children 
for a total period not exceeding six months to any 



Schools must 
be free. 



STATE OF NORTH DAKOTA 



91 



Neglect to 
send children 
to school — 
penalty for. 



Prosecution — 
duty of certain 
officers. 



parochial school for the purpose of preparing such 
child or children for certain religious duties. 

Sec. 895. PENALTY.— Any such parent, guard- 
ian or other person failing to comply with the require- 
ments of the foregoing section, shall upon conviction 
thereof be deemed guilty of a misdemeanor, and shall 
be fined in a sum not less than five nor more than 
twenty dollars for the first offense and not less than 
ten dollars nor more than fifty dollars for the second 
and every subsequent offense, with costs in each case. 

Sec. 896. (Amended.) PROSECUTION FOR 
NEGLECTING THIS DUTY.— It shall be the duty 
of the superintendent or principals of schools in any 
city, town or village, or the teacher of any district 
school to inquire into all cases of negligence of the 
duty prescribed in this article and to ascertain from 
the person neglecting to perform such duty the reason 
therefor, if any, and in common school districts notify 
the count}^ superintendent of schools of such neglect; 
and said county superintendent, upon proper presen- 
tation of facts, shall lay the complaint before the 
state's attorney, whose duty it will be to proceed 
forthwith to secure the prosecution for any ofifense 
occuring under this article. In special or independ- 
ent districts the superintendent or principal of 
schools shall lay the complaint before the state's at- 
torney who shall proceed as above ; provided, further, 
that the board of education or district school board 
I'n any city or school district of over five hundred in- 
habitants may employ a truant officer who shall per- 
form the duties implied in this section. 

Sec. 897. CHILD LABOR PROHIBITED DUR- 
ING SCHOOL HOURS.— No child between eight 
and fourteen years of age shall be employed in any 
mine, factory or workshop or mercantile establish- 
ment or, except by his parents or guardian, in any 
other manner during the hours when the public 
schools in the city, village or district are in session, 
unless the person employing him shall first procure a child labor 
certificate from the superintendent of schools of the ^^en.'^^'^~ 
city or village, if one is employed, otherwise from 
the clerk of the school board or board of education, 
stating that such child has attended school for the 
period of twelve weeks during the year, as required 
by law, or has been excused from attendance as pro- 
vided in section 894; and it shall be the duty of such 



92 



GENERAL SCHOOL LAWS 



Penalty. 



superintendent or clerk to furnish such certificate 
upon appHcation of the parent, guardian or other per- 
sons having control of such child, entitled to the same. 
{See Chapter 15^ Session Lazvs iQop.) 

Sec. 898. PENALTY FOR VIOLATION.— 
Each owner, superintendent or overseer of any mine, 
factory, workshop or mercantile establishment, and 
any other person who shall employ any child between 
eight and fourteen years of age contrary to the pro- 
visions of this article, is guilty of a misdemeanor, and 
upon conviction thereof shall be fined for each offense 
in a sum of not less than twenty nor more than fifty 
dollars and costs. Each person authorized to sign a 
certificate as prescribed in the preceding section, who 
certifies to any materially fslse statement therein, shall 
be fined not less than twenty nor more than fifty dol- 
lars and costs. (See Chapter 153 Session Laws 
1909.) 

Sec. 899. PROSECUTIONS, HOW BROUGHT. 
— Prosecutions under this article shall be brought in 
the name of the state of North Dakota before any 
court of competent jurisdiction, and the fines collect- 
ed shall be paid over to the county treasurer and by 
him credited to the general school fund of the state. 
{See Chapter 15^ Session Lazvs ipop.) 



Prosecution. 



Neglect of 
duty by school 
officer — • penal- 
ty for. 



Falsifying 
election re- 
turns — penalty 
for. 



Article 16. — Fines, Forfeitures and Penalties. 

Sec. 900. PENALTY FOR NEGLECT OF 
DUTY BY SCHOOL DIRECTOR, TREASURER 
OR CLERK. — Each person duly elected to the office 
of director, treasurer or clerk of any district, who, 
having entered upon the duties of his office, shall neg- 
lect or refuse to perform any duties required of him 
by the provisions of this chapter shall upon convic- 
tion be fined in the sum of ten dollars and his office 
shall be deemed vacant. 

Sec. 90L PENALTY FOR FALSE ELECTION 
RETURNS. — Any judge or clerk of election, school 
district clerk or county auditor who wilfully violates 
the provisions of this chapter in relation to elections 
or who wilfully makes a false return shall upon con- 
viction be deemed guilty of a felony. 

Sec. 902. SPECULATION IN OFFICE PRO- 
HIBITED. — No school officer shall personally en- 
gage in the purchase of any school bonds or warrants 
nor shall any such officer be personally interested in 



STATE OF NORTH DAKOTA 



93 



School officers 
not to be in- 
terested in 
contracts. 



Unlawful 
drawing of 
money — penal- 
ty for. 



Embezzlement 
— what is. 



any contract requiring the expenditure of school 
funds except for the purchase of fuel and such sup- 
plies as are in daily use, but not including furniture, 
or the expenditure of funds appropriated by the state, 
county, school corporation or otherwise for any school 
purpose connected with his office. Any violation of 
this section shall be a misdemeanor. {See Appendix 
B. — Sec. 9402.) 

Sec. 903. PENALTY FOR UNLAWFUL 
DRAWINGS OF SCHOOL MONEY.— Any person 
who draws money from the county treasury, who is 
not at the time a duly qualified treasurer of the school 
corporation for which he draws the money and au- 
thorized to act as such, shall be guilty of a misde- 
meanor and shall upon conviction thereof be punished 
by a fine of not less than twenty-five dollars. 

Sec. 904. USE OF SCHOOL FUNDS. WHEN 
EMBEZZLEMENT.— Each treasurer who shall loan 
any portion of the money in his hands belonging to 
any school district, whether for consideration or not, 
or who shall expend any portion thereof for his own 
or any other person's private use, is guilty of embez- 
zlement, and no such treasurer shall pay over or de- 
liver the school money in his hands to any officer or 
person or to any committee to be expended by him or 
them ; but all public funds shall be paid out only by 
the proper treasurer as hereinbefore provided. 

Sec. 905. ACTION TO RECOVER MONEY 
WHEN TREASURER FAILS TO PAY OVER.— 
If any person shall refuse or neglect to pay over any 
money in his hands as treasurer of a school district to 
his successor in office his successor must, without de- 
lay, bring action upon the official bond of such treas- 
urer for the recovery of such money. {See Appen- 
dix D — Note 13.) 

Sec. 906. PENALTY, WHEN INDORSEMENT 
OF UNPAID WARRANTS IS NOT MADE.— 
Any violation of a district treasurer of the provisions 
of this chapter requiring indorsement of warrants not 
paid for want of funds, and the payment thereof in 
the order of presentation and indorsement I's a misde- 
meanor punishable by a fine not exceeding one hun- 
dred dollars. 

Sec. 907. PENALTY FOR FALSE REPORTS. 
— Each clerk or treasurer of a district who wilfully 
signs or transmits a false report to the county superin- 



Action on 
treasurer's 
bond. 



Failure to in- 
dorse unpaid 
warrants — 
penalty for. 



94 



GENERAL SCHOOL LAWS 



False reports 
— penalty for. 



Disturbance 
of school — 
what is — pen- 
alty for. 



'Contracts- 
how let. 



Bonds — how 
sued. 



tendent or wilfully signs, issues or publishes a false 
statement of facts purporting or appearing to be 
based upon the books, accounts or records, or of the 
affairs, resources and credit of the district shall Upon 
conviction be punished by a fine not exceeding fifty 
dollars or by imprisonment in the county jail not ex- 
ceeding fifteen days. ' {See Appendix B. — Sec. ^06.) 

Sec. 908. PENALTY FOR WILFUL DIS- 
TURBANCE OF PUBLIC SCHOOL.— Each per- 
son whether pupil or not, who wilfully molests or dis- 
turbs a public school when in session or who wilfully 
interferes with or interrupts the proper order of man- 
agement of a public school by act of violence, boister- 
ous conduct or threatening language, so as to prevent 
the teacher or any pupil from performing his duty, 
or who shall in the presence of the school or school 
children upbraid, insult or threaten the teacher shall 
upon conviction thereof be punished by a fine not ex- 
ceeding twenty-five dollars or by imprisonment in the 
county jail for a period not exceeding ten days, or by 
both. 

Sec. 909. (Amended.) PROPOSALS FOR CON- 
TRACTS. — No contract, except for teachers' or jan- 
itors' wages, or school text books, involving the ex- 
penditure of school funds or money appropriated for 
any purpose relating to the educational system of this 
state, or any county, district or school corporation 
therein, when the amount exceeds one hundred dol- 
lars, shall be let until proposals are advertised for, 
and after such advertisement, only to the lowest re- 
sponsible bidder. Any violation of this section shall 
be a misdemeanor. (See Sec. pi8.) 

Article 17. — Bonds. 

Sec. 910. (Amended.) SCHOOL BONDS. 
HOW ISSUED. — Whenever a duly constituted 
school district, including independent school districts, 
in any organized county in the state at any regular or 
special meeting held for that purpose shall determine 
by a majority vote of all the qualified voters of such 
school district present at such meeting and voting to 
issue school district bonds for the purpose of building 
and furnishing a school house and purchasing grounds 
on which to locate the same or to fund any outstand- 
ing indebtedness or for the purpose of taking up any 
outstanding bonds the district school board mav law- 



STATE OF NORTH DAKOTA 



95 



Notice 
tion. 



of elec- 



How long 
posted. 



Voting. 



fully issue such bonds in accordance with the provi- 
sions of this article. {See Appendix C. — I, b, e, f; 
also Sec. pip; also Appendix D. — Sections 24/4- 
2488.) 

Sec. 911. NOTICE OF ELECTION TO VOTE 
BONDS. — Before the question of issuing bonds shall 
be submitted to a vote of the school district, notices 
shall be posted in at least three public and conspicu- 
ous places in such district, stating the time and place 
of such meeting, the amount of bonds proposed to be 
issued and the time in which they shall be made pay- 
able. Such notices shall be posted at least twenty 
days before the meeting, and the voting shall be done 
by means of written or printed ballots, and all ballots 
deposited in favor of issuing bonds shall have thereon 
the words "for issuing bonds," and those opposed 
thereto shall have thereon the words "against issuing 
bonds," and if a majority of the votes cast shall be in 
favor of issuing bonds the school board, through its 
proper ofificers shall forthwith issue bonds in accord- 
ance with such vote; but if a majority of all votes cast 
are against issuing bonds then no further action can 
be had and the question shall not be again submitted 
to a vote for one year thereafter, except for a differ- 
ent amount; provided, that the question of issuing 
bonds shall not be submitted to a vote of the district 
and no meeting shall be called for that purpose until 
the district school board shall have been petitioned in 
writing by at least one-third of the voters of the dis- 
trict. 

Sec. 913. {Amended.) BONDS, DENOMIN- 
ATION OF. INTEREST. LIMIT OF ISSUE. 
— The denominations of the bonds which may be is- 
sued under the provisions of this article shall be fifty 
dollars or some multiple of fifty, not exceeding five 
hundred dollars, and shall bear interest at a rate not 
exceeding five per cent per annum, payable semi-an- 
nually on the first day of January and July in each 
year, in accordance with interest coupons which shall 
be attached to such bonds ; provided, that the amount 
of bonds, including all other indebtedness shall not 
exceed five per cent of the assessed valuation of the Limit of issue, 
school district and may be made payable in not less 
than ten or more than twenty years from their date. 



Number of 

petitioners 

necessary. 



Denomination 
of bonds. 



Interest. 



96 



GENERAL SCHOOL LAWS 



Description. 



Duties of 
clerk and 
county auditor. 



Sec. 913. BONDS, RECORD OF TO BE KEPT. 
— Whenever any bonds are issued under the provi- 
sions of this chapter they shall be lithographed or 
printed on bond paper and shall state upon their face 
the date of their issue, the amount of the bonds, to 
whom and for what purpose issued, also the time and 
place of payment, and the rate of interest to be paid. 
They shall have printed upon the margin the words 
"Aurthon'zed by article 17 of chapter 9 of the political 
code of North Dakota of 1905." Immediately after 
the issuing of school bonds pursuant to this chapter 
the clerk of the school district so issuing its bonds 
shall file with the county auditor of the county in 
which such district is situated, certified copies of all 
the proceedings had in such district relative tO' the 
issuing of such bonds and also a statement of the 
amount of the indebtedness of such school district ; 
and before any of the bonds are disposed of they shall 
be presented to the county auditor of the county in 
which the school district issuing the same is situated. 
He shall carefully examine the records of the pro- 
ceedings of such school district upon the question of 
issuing such bonds as the same are filed with him as 
hereinbefore directed, and shall satisfy himself by the 
evidence thus furnished whether or not all the laws of 
the state relative to the issuing of such bonds have 
been complied with. If satisfied that they have been 
and that the bonds in question have been legally is- 
sued, he shall in a book kept for such purpose, pre- 
serve a register of each bond showing in separate col- 
umns the name of the school district issuing the 
bonds, the number of such bonds, the denomination 
thereof, the date of their issue, the date when they 
will mature, the names of the school officers execut- 
ing the same and such other facts as may be pertinent 
and he shall then indorse on each of such bonds the 
following certificate : 

State of North Dakota. ) 



Register. 



>■ SS. 

County of ) 

I, , county auditor, do hereby certify 

that the within bond is issued pursuant to law and is 
within the debt limit prescribed by the constitution of 
the state of North Dakota, and in accordance with the 

vote of school district , at a 

(regular or special) meeting held on the day 

of A. D. 190. ., to issue bonds to the amount 



STATE OF NORTH DAKOTA 



97 



of dollars, and is a legal and valid debt 

of such school district; that such bonds are duly reg- 
istered in this office and that such school district is 
legally organized and the signatures affixed to such 
bonds are the genuine signatures of the proper officers 
of such school district. 

The blanks shall be filled according to the facts 
and the certificate officially signed by the county aud- 
itor and attested by his official seal. Such bonds shall 
be signed by the president and clerk of the school 
board and shall be registered in a book to be kept by 
the clerk for that purpose in which shall be entered 
the number, date and name of the person to whom is- 
sued and the date when the same will become due. — 
{See Appendix D. — Note 2^.) 

Sec. 914. SINKING FUND AND INTEREST 
TAX. — In addition to the amount that may already 
be assessed under existing laws there shall be levied 
upon the taxable property of the school district so is- 
suing bonds at or before their issuance and collected 
as other taxes are collected a sum sufficient, not ex- 
ceeding five mills on the dollar of assessed valuation 
of such districts, to pay interest upon such bonded in- 
debtedness, and after five years in like manner a 
further tax not exceeding two mills on the dollar for 
a sinking fund to be used in payment of such bonds 
when they become due, and for no other purpose, ex- 
cept that whenever there are sufficient funds on hand, 
belonging to such sinking fund, the school board may 
in its discretion, purchase any of the outstanding 
bonds at their market value and pay for the same out 
of such sinking fund ; provided, that the school dis- 
trict board may designate one or more national or 
state banks in its county for a depository for such 
sinking fund, and in such case the school board shall 
advertise for at least two weeks in some newspaper 
printed in the county for sealed proposals for the de- 
posit of the sinking fund of such school district, re- 
serving the right to reject any and all bids, and satis- 
fying itself of the responsibility of all banks proposing 
to act as depositories. Before any bank shall be des- 
ignated as such depository, it shall present to the 
school board a sealed proposal stating in writing what 
rate of interest will be paid for the deposit of such 
sinking fund, and shall submit to the board for its 
approval, a bond payable to the school district con- 



Auditor's 

ficate. 



Sinking fund 
and interest — 
tax levy for. 



School board 
may purchase 
bonds. 



Depositories. 



98 



GENERAL SCHOOL LAWS 



School treas- 
urer released 
from liability 
on deposit. 



ditioned for the safe keeping and repayment of any 
funds deposited in such bank, which bond shall be 
signed by not less than three free-holders of the coun- 
ty as sureties, such bond to be in the sum required by 
the school board but in no case less than double the 
probable amount of funds to be deposited in such 
bank. The approval of such bond shall be in- 
dorsed thereon by the board and deposited with the 
county auditor, and any bank whose bond shall have 
been so aipproved shall thereupon be designated by the 
school board as a depository for the sinking fund, and 
shall continue as such, until such time as the board 
shall readvertise for bids as aforesaid, or until such 
funds are needed for the payment or purchase of 
bonds as provided in this section. When the sink- 
ing fiind of any school district is deposited by the 
school treasurer in the name of the school district in 
such depository, such treasurer and his sureties shall 
be exempt from all liability thereon by reason of loss 
of any such funds from the failure, bankruptcy or 
any other act of any such bank, to the extent only of 
such funds in the hands of such bank or banks at the 
time of such failure or bankruptcy. Such depository 
shall furnish to the school district clerk prior to the 
fifth day of July of each year, a verified statement of 
the school district's account, with such depository for 
the year ending June thirtieth, which statement shall 
show a credit to such deposit account of all sums of 
interest accruing on the sinking fund deposited. (See 
Sec. pi6.) 

Sec. 915. BONDS, HOW NEGOTIATED.— 
When any bonds shall be issued under the provisions 
of this article, the school district treasurer shall have 
authority to negotiate and sell such bonds for not less 
than par, and the said school district treasurer shall 
apply the proceeds arising from the sale of such bonds 
only for the purpose of building and furnishing a 
school house and purchasing grounds on which the 
said school house shall be located, or to fund any out- 
standing indebtedness, or for the purpose of taking up 
any outstanding bonds, as provided by section 910 of 
this article. (See Appendix V. — VI, i, d, e.) 



Negotiation 
bonds. 



of 



Sec. 916. COUNTY AUDITOR MAY LEVY 
Tax levy jto TAX TO PAY BONDS, WHEN.— When any 
county°'^audhor school board ncglccts or refuses to levy a tax in ac- 
— when. cordance with law to meet outstanding bonds or the 



STATE OF NORTH DAKOTA 



99 



interest thereon, the county auditor shall have power 
to levy such tax and when collected to apply the pro- 
ceeds to the payment of such coupons and bonds. 

Sec. 917. CANCELLED BONDS, RECORDS 
OF. — When the bonds of any school district shall 
have been paid by the school board they shall be can- 
celled by writing- or printing in red ink the words 
"cancelled and paid" across each bond and coupon 
and the date of payment and amount paid shall be 
entered in the clerk's register against the proper num- 
ber of the bonds and bonds so cancelled shall be filed 
in the office of the district treasurer until all the out- 
standing bonds are paid, when they shall be destroyed 
in the presence of the full board. 

Sec. 918. PROPOSALS FOR BUILDING 
SCHOOL HOUSES.— When any school house is 
built with funds provided for in the manner herein 
authorized, the school board shall advertise at least 
thirty days in some newspaper printed in the county 
or by posting notices for the same length of time in 
at least three of the most public and conspicuous plac- 
es if no newspaper is published in the county, for 
sealed proposals for building and furnishing such 
school house m accordance with plans and specifica- 
tions furnished by the school board, reserving the 
right to reject any and all bids, and if any of the pro- 
posals shall be reasonable and satisfactory such board 
shall award the contract to the lowest responsible bid- 
der and shall require of such contractor a bond in 
double the amount of the contract, conditioned that 
he will properly account for all money and property of 
the school district that may come into his hands and 
that he will perform the conditions of his contract in 
a faithful manner and in accordance with its provi- 
sions; and in case all the proposals are rejected, such 
board shall advertise anew in the same manner as 
before until a reasonable bid shall be submitted. (See 
Appendix B.) 

Sec. 919. PROVISIONS OF THIS ARTICLE, 
HOW APPLICABLE.— The provisions of this arti- 
cle shall be applicable to and authorize the issuance of 
bonds by such school districts as have already built 
school houses and issued orders or warrants therefor 
and any such school district may vote to bond the in- 
debtedness incurred by reason of building and fur- 
nishing a school house and purchasing a site for the 



Bonds — can- 
celled how — 
record of. 



Building 
school house- 
procedure. 



Bond by con- 
tractor. 



Re-advertise — 
when. 



Districts with 
school houses 
may bond. 



100 



GENERAL SCHOOL LAWS 



Funds to be 
deposited. 



Fire escape pro- 
be designated 
— when. 



same and bonds may be issued in the same manner 
as hereinbefore provided for building and furnishing 
school houses. 

Article 18. — School Funds. 

Sec. 930. SCHOOL FUNDS REQUIRED TO 
BE DEPOSITED.— All funds of each and every city 
or school district of this state shall be deposited by 
the treasurer of the city, county or school district, as 
soon as received by him, in the name of the city or 
school district of which he is an officer, in such bank 
or banks as shall have been designated as city or 
school district depositories in accordance with this 
article, as hereinafter provided. 

Sec. 921. DEPOSITORIES TO BE DESIG- 
NATED. — The city council or school board of each 
and every city or school district of this state, at its 
first regular meeting after this article shall take effect 
and at its first regular meeting in July of each odd 
numbered year thereafter, shall designate one or more 
national or state banks in its city or district or county 
as city or school district depositories, in which all of 
the funds of such city or school district shall be de- 
posited. 

Sec. 922. CITY AUDITOR OR SCHOOL 
CLERK TO ADVERTISE FOR PROPOSALS.— 
The city auditor or school clerk of each city or 
school district shall advertise in one or more news- 
papers of the city, county or village, for at least two 
weeks immediately prior to such meeting for sealed 
proposals for the deposit of funds of such city or 
school district, which advertisements shall state the 
date up to which such proposals will be received, 
which date shall be the day of the meeting of the city 
council or school board, at which such proposals are 
to be opened. Such proposals shall state in writing 
what rate of interest will be paid on average daily 
balances during the month, interest to be paid month- 
ly on condition that such funds, with accrued inter- 
est, shall be held subject to draft at all times on de- 
mand. Such proposals shall be inclosed in sealed en- 
velopes, addressed to the city auditor or school clerk 
and marked "Proposals for deposit of city or school 
funds," 'and shall be by the city auditor or school 
clerk filed in his office. 



Proposals — Ad- 
vertisement — 
when — contents. 



STATE OF NORTH DAKOTA 



101 



Proposals — con- 
sidered when. 



Bond of 
depository. 



Sec. 923. HOW PROPOSALS ACTED ON. 
BOND REQUIRED.— Such proposals shall be pre- 
sented to the city council or school board at such 
meetings, and then, but not till then, shall be opened 
by the city auditor or school clerk in the presence of 
the council or school board, and the council or school 
board shall thereupon proceed to accept the proposal 
of the bank or banks ofifering the highest rate of in- 
terest, not inconsistent therewith, subject to the filing- 
of a satisfactory bond as hereinafter provided, the 
amount of which bond shall then and there be fixed 
by the city council or school board. Before any bank 
shall be designated as such depository, it shall submit 
to the city council or school board for its approval a 
bond payable to the city or school district conditioned 
for the safe keeping and repayment of any and all 
funds deposited in such banks, which bond shall be 
signed by not less than five freeholders of the county 
or state as sureties ; such bond to be in the sum re- 
quired by the city council or school board, but in no 
case less than double the probable amount of funds 
to be deposited in such bank. If at any time the 
amount of funds on deposit in any such depositories 
shall exceed one-half of the amount named I'n such 
bond, it shall be the duty of the city council or school 
board at its next regular meeting thereafter to re- 
quire from such depository an additional bond in a 
sum not less than twice the amount of such excess. 
Such bond shall be approved by the city council or 
school board and the approval indorsed thereon by 
the mayor or president of the school board, and by 
him deposited with the city auditor or school district 
clerk ; and any bank whose bond shall have been so 
approved shall thereupon be designated by the city 
council or school board as a city or school district de- 
pository and shall continue as such until such time 
as the city council or school board shall advertise for 
bids as aforesaid. If the city council or school board 
fails or refuses to approve such bond, the same may 
be presented to the judge of the district court, upon 
three days' notice to the city auditor or school district 
clerk, who shall proceed to hear and determine the 
sufficiency of such bond, and may approve such bond, proved^°by 
and the said bank shall be declared a city or school '^'^°"^ 
district depository as aforesaid. The sureties on 
such bond shall be required to justify as required by 



Bond approved. 



Bond to be ap- 



102 



GENERAL SCHOOL LAWS 



Equal bids — 
how decided. 



law in arrest and bail proceedings ; provided, how- 
ever, that in lieu of such personal bond, the city coun- 
cil or school board may require such banks or bank to 
file a surety company bond for a sum equal to the 
amount of funds such bank may receive according to 
the provisions of this article. If at any time the 
amount of funds on deposit in such depositories shall 
exceed the amount named in such surety company 
Additional bond bond, it shall be the duty of the city council or school 

— when. 1 , . , -^ . , . 

board at its next regular meeting thereafter to require 
from such depositories an additional surety bond in 
tne sum of not less than the amount of such excess. 
Such surety company's bond shall be approved as pro- 
vided by law. 

Sec. 924. IN CASE BIDS ARE EQUAL, HOW 
DECIDED. — When two or more banks in the same 
city or village, proposing to be city or school district 
depositories, offer the same rate of interest, it shall be 
the duty of the city council or school board to select, 
impartially, as many of such banks as depositories as 
offer ample security for such deposits. In estimat- 
ing the value of the security offered by any proposed 
depository the capital, surplus and general credit of 
the bank shall be taken into consideration, as well as 
the bonds proposed to be given. 

Sec. 925. TWO OR MORE BANKS MAY BE 
DESIGNATED. — In case two or more banks be des- 
ignated as depositories, the city or school district 
treasurer shall, as far as practicable, keep in each of 
the several depositories equal balances at all times ; 
provided, that in cities or villages where two or more 
banks are designated as depositories, the amount de- 
posited in any bank shall not exceed the capital of 
the banks in said city or village, then the city council 
or school board shall deposit the funds of the city or 
school district in the banks of the city or village upon 
their giving a bond according to law. 

Sec. 926. WHEN TIME DEPOSITS MAY BE 
MADE. — Whenever there shall be accumulated in the 
sinking fund or any other revenue, city or school dis- 
trict fund, established by law, in .any of the cities or 
school districts of this state, an amount of money ex- 
ceeding two hundred dollars, and for which there 
is no immediate use, the city council oi school board 
of such city or school district is authorized and em- 
powered to direct a time deposit of such funds for a 



Two or pore 
depositories. 



Time deposits. 



STATE OF NORTH DAKOTA 



103 



period of one year or six months, as they may deem 
expedient, either in one or more of the city or school 
district depositories created by law, or such state or 
national bank as the city covmcil or school board may 
designate. 

Sec. 927. HOW DEPOSITORIES FOR TIME 
DEPOSITS ARE SELECTED.— The depositories 
for such time deposits of the city or school district 
funds may be designated at any regular meeting of 
the city council or school board of such city or school 
district upon the advertisement and proposals as pro- 
vided by law for designating the depositories of the 
general city or school district funds, and the bank or 
banks designated as the depository or depositories of 
such time deposits of such city or school district funds 
shall be required to furnish a bond in the same 
amount, manner and form as prescribed by law for 
the several city and school district depositories. 



Depositories 
for time depos- 
its — how 
selected. 



Sec. 928. MAXIMUM RATE OF INTEREST 
ON CALL DEPOSITS.— To further secure the 
safety of the city or school district funds deposited 
under the provisions of this article the city council 
or school board shall satisfy itself of the responsibil- 
ity of the several banks proposing to act as depositor- 
ies, and any bank ofifering more than four per cent 
per annum on deposits, subject to check, shall not be 
designated as a depository under the provisions of this 
article ; provided, this act shall not apply to school dis- 
tricts in incorporated cities or villages. 

Sec. 929. IN WHOSE NAME DEPOSITED.— 
All funds in the city or school district shall be depos- 
ited in the name of the city or school district by the 
city treasurer or treasurer of the school district, as 
soon as received by him, m such bank or banks as shall 
have been designated as city or school district depos- 
itories. 

Sec. 930. PENALTY FOR VIOLATION.— If 
any city or school district treasurer shall deposit any 
of the funds of his city or school district or loan the 
same in any manner except according to the provi- 
sions of this article, he shall be liable to a penalty of 
five hundred dollars for each deposit or loan so made. 

Sec. 931. BANKS TO FURNISH MONTH- 
LY STATEMENTS.— Each depository shall furnish 
to the city auditor or clerk of the school district on 



Rate of 

interest. 



Funds to be de- 
posited in name 
of school dis- 
trict. 



Penalty. 



104 



GENERAL SCHOOL LAWS 



Banks must fur- 
nish monthly 
statement. 



Checks — how 
signed. 



the first day of each month an itemized statement of 
the account of the city or school district with such de- 
pository, duly verified by the affidavit of the cashier 
of such bank, which statement shall be filed and care- 
fully preserved in the office of the city auditor or 
school clerk. All sums of interest accruing on the 
funds deposited as aforesaid shall be credited to such 
deposit account on the first day of each month for the 
preceding month, and a statement of such interest 
shall be rendered by such depository to the city audi- 
tor or school clerk on the first day of each month and 
the auditor or clerk shall charge the treasurer with 
the 'amount thereof and credit the sum to the general 
funds of the city or school district. 

Sec. 933. HOW CHECKS SHALL BE SIGNED. 
— All checks drawn upon the city or school district 
depositories shall be signed by the city or school dis- 
trict treasurer in the name of the city or school dis- 
trict, by himself as treasurer. 

Sec. 933. WHEN BIDS NOT REQUIRED.— It 
is the duty of the officers mentioned in this article to 
comply with the provisions hereof ; provided, that 
in cities or villages where only one bank is located, 
the city council or school board shall designate such 
bank or other bank within this state the depository 
without advertising for bids, if such bank agrees to 
pay interest at the rate of at least two per cent per 
annum and furnishes a bond as hereinbefore provided 
for the safe keeping and repayment of any funds de- 
posited in such bank. In cities or villages or coun- 
ties where there is no bank or where no bank offers 
to comply with the requirements of this act, the city 
council or school board must designate some bank or 
banks outside of such city or village and within this 
state as such depositories, but (such) bank or banks 
must furnish a bond in the same manner as other de- 
positories. 

Sec. 934. TREASURER NOT LIABLE FOR 
FUNDS DEPOSITED BY REASON OF BANK 
FAILURE. — When the funds of any city or school 
district are deposited by the city or school district 
treasurer as provided herein, such treasurer and his 
sureties shall be exempt from all liability thereon by 
reason of the loss of any funds from the failure, bank- 
ruptcy or any other act of such bank to the extent only 



When, bids are 
not required. 



Banks outside 
the district. 



Treasurer, 
when exempt 
from liability 



STATE OF NORTH DAKOTA 



105 



of such funds in the hands of such bank or banks at 
the time of such faihire or bankruptcy. 

Sec. 935. EXCEPTIONS TO LAW.— It shall 
not be incumbent upon the city council or school board 
to designate depositories as herein provided for until 
the amount in such city or school treasury equals or 
exceeds the sum of five hundred dollars. 



Sec. 936. VIOLATION CONSTITUTES MIS- 
MEANOR. — Any officer violating any of the 
provisions of this article shall be deemed guilty of a 
misdemeanor. 

Article 19. — Special Districts. 

Sec. 937. (Amended.) CITIES GOVERNED 
BY THE PROVISIONS OF THIS ARTICLE.— 
All cities and incorporated towns and villages which 
have heretofore been organized under the general 
school laws, and which are provided with a board of 
education, shall be governed by the provisions of this 
article. Any city or incorporated town or village, 
having a population of over one hundred and fifty in- 
habitants may be constituted a special school district 
in the manner hereinafter prescribed, and shall then 
be governed by the provisions of this article ; provid- 
ed, that any city heretofore organized for school pur- 
poses under a special act, may adopt the provisions 
of this article by a majority vote of the voters therein, 
in the same manner as is provided for the organization 
of a new corporation under the provisions of this ar- 
ticle. (See Sec. 932.) 

Sec. 938. SPECIAL SCHOOL DISTRICTS, 
CREATION OF. — Whenever any platted or incor- 
porated city, town or village having a population of 
over two hundred inhabitants shall constitute a por- 
tion of a school district, it may be organized into a 
special school district, alone or with contiguous ter- 
ritory, and the property and indebtedness of such or- 
ganized school district divided as hereinafter pro- 
vided. 

Sec. 939. SUPERINTENDENT SHALL CALL 
ELECTION ON PETITION. WHEN.— In such 
cases a petition signed by a majority of the voters of 
such school district, including women who are legal 
voters, as shown by the last election therein, may be 
presented to the county superintendent of schools for 
the division of such school district and the orsfaniza- 



Exceptions. 



Violation mis- 
demeanor. 



Special dis- 
tricts. 



What may be- 
come. 



Formed from 
otlier district. 



Division — how 
accomplished. 



106 



GENERAL SCHOOL LAWS 



tion of such city, town or village together with such 
territory contiguous thereto as may be described in 
said petition into a special school district, and setting 
forth in detail the boundaries of such proposed special 
districts, the manner and terms of the division of the 
property, real and personal, and the indebtedness, 
bonded or otherwise, of such school districts as de- 
sired by the petitioners, and thereupon such superin- 
tendent shall within five days call an election to be 
held in such proposed special district, incorporated 
city, town or village, and an election to be simultan- 
eously held in that portion of such school district, sit- 
uated outside of such proposed special school district, 
city, town or village. 

Sec. 940. NOTICE GIVEN. ELECTION, HOW 
HELD. — Such superintendent shall cause notice of 
each of such elections to be given by publishing no- 
tice thereof, stating the time and place of holding 
such elections, in a newspaper published in such 
school district (if any, and if there is no newspaper 
published in such school district)), then by posting 
notices of the election to be held in such proposed 
special school district, city, town or village in live pub- 
lic places in said district outside of such proposed spe- 
cial school district, city, town or village. Such no- 
tices shall be posted or published not less than ten 
days nor more than fifteen days before such, an elec- 
tion. Such superintendent shall appoint judges and 
clerks of such elections and the same shall be held and 
conducted in the same manner, and the polls shall be 
opened and closed at the same time as in other school 
district elections, and the result of such elections shall 
be certified and delivered to such superintendent with- 
in three days after the close of the polls. 

Sec. 941. BALLOTS, HOW PRINTED.— There 
shall be printed on the ballots used at such elections 
the following statement: "For the division of (here 
state the name of the district to be divided) and the 
division of its property and debts as follows: (Here 
state the boundaries of the proposed special school dis- 
trict and the manner and terms of such division as 
set forth in the petition filed.)" The voter shall 
write after such statement the word "Yes" if in favor 
of such division, and the word "No" if against it. 

Sec. 943. SUPERINTENDENT SHALL NOTI- 
FY PRESIDENT OF SCHOOL BOARD.— Such 



Notice of the 
election by- 
publication. 



By posting. 



Election offi- 
cers. 



Ballots — form 
of. 



STATE OF NORTH DAKOTA 



107 



superintendent shall thereupon forthwith notify the ^. ,. , 

• 1 r 1 11111- 1 1 1 1- ■ Notice of re- 

president of the school board of such school district suit to school 
and the auditor or clerk of such city, town or village, 
of the result of such elections. 



board. 



Sec. 943. DISTRICTS CONSTITUTED.— If 
such elections shall each be in favor of the division 
of such school district, such proposed special school 
district, city, town or village shall thereafter consti- 
tute a special school district, and such original school 
district situated outside of such special school district, 
city, town or village shall constitute a school district. 

Sec. 944. : ELECTION OF OFFICERS FOR 
SPECIAL DISTRICT AND DISTRICT.— The 
county superintendent shall thereupon call an election 
for the election of officers of such special school dis- 
trict and school district of which notice shall be given 
for at least fifteen days, which elections shall be held 
as in other cases, in school districts, and special school 
districts, and such special school district shall there- 
after be subject to all provisions of law affecting other 
school districts. 

Sec. 945. DIVISION OF PROPERTY.— Such 
school district and such special school district shall 
thereupon proceed to divide the property of such orig- 
inal school district according to such petition and 
shall be bound respectively to pay the indebtedness of 
such district as provided in such petition, and may 
make any contracts or conveyances necessary to carry 
into effect all the provisions of such petition. 

Sec. 946. BONDED INDEBTEDNESS. TAX 
TO BE LEVIED TO PAY.— In case such original 
school district shall have outstanding any bonded debt 
for the payment of which no sufficient levy of taxes 
has been made, the board of education of such special 
school district and the school board of such school dis- 
trict, shall at the time of making the next annual tax 
levy, levy a tax sufficient to pay the interest and also 
the principal of so much of such bonded debt as shall 
be assumed by such special school district and such 
school district respectively as the same mature and 
shall designate the amount of such tax to be collected 
in each year thereafter, and shall certify such levy to 
the county auditor who shall thereupon enter and ex- 
tend upon the tax list in each year the amount of such 
tax to be collected in that year. 



District divid- 
ed — when. 



Election of of- 
ficers for new 
district. 



Division of 
property and 
debts. 



Division of 
bonded indebt- 
edness — and 
levy therefor. 



108 



GENERAL SCHOOL LAWS 



Sec. 947. BONDED DEBT. SPECIAL SCHOOL 
DISTRICT AND SCHOOL DISTRICT TO PAY. 
— Such special school district and such school district 
shall provide for and pay according to the terms of 
the bonds, such portion of such bonded debt as is as- 
sumed 'by it. 



Same. 



Formation of 
special dis- 
tricts under 
present law. 



Adjacent ter- 
ritory — how at- 
tached. 



Sec. 948. FORMATION OF UNDER PRES- 
ENT LAW NOT PROHIBITED.— Nothing in this 
act shall be construed to prevent or affect the forma- 
tion of special school districts in accordance with pro- 
visions of law now in force, or to require the equaliza- 
tion or adjustment of the property assets or indebted- 
ness of districts formed under the provisions of this 
act, otherwise than as herein provided. 

Sec. 949. (Amended.) ADJACENT TERRI- 
TORY, HOW ATTACHED FOR SCHOOL PUR- 
POSES. — When any city, town or village has been 
organized for school purposes and provided with a 
board of education under atiy general law, or a special 
act, or under the provisions of this article, territory 
outside the limits thereof but adjacent thereto may be 
attached to such city, town or village for school pur- 
poses by the board of education thereof, upon applica- 
tion in writing signed by a majority of the voters of 
such adjacent territory; provided, that no territory 
shall be annexed which is at a greater distance than 
three miles from the central school in such special dis- 
trict, except upon petition signed by two-thirds of the 
school voters residing in the territory which is at a 
greater distance than three miles from the central 
school in such special district ; and, upon such appli- 
ciation being made, if such board shall deem it proper 
and to the best interests of the school of such cor- 
poration and of the territory to be attached, an order 
shall be issued by such board attaching such adjacent 
territory to such corporation for school purposes, and 
the same shall be entered upon the records of the 
board. Such territory shall from the date of such 
order be and compose a part of such corporation for 
school purposes only. Such adjacent territory shall be 
attached for voting purposes to such corporation, or, 
if the election is held in wards, to the ward or wards 
or election precinct or precincts to which it lies adja- 
cent ; and the voters thereof shall vote only for school 
officers and upon such school questions ; provided, that 
nothing in this act shall prevent any such adjacent ter- 



STATE OF NORTH DAKOTA 



109 



ritory being annexed because of such adjacent terri- 
tory being in an adjoining county, and that the county 
commissioners shall detach any part of such adjacent 
territory which is at a greater distance than three 
miles from the central school in such special district 
and attach to any adjacent school or special district or 
districts upon petition to do so, signed by three- 
fourths of the legal voters of such adjacent territory, 
and all assets and liabilities shall be equalized accord- 
ing to section 864. 

Sec. 950. NAME OF BODY CORPORATE.— 
Every such district shall be a body corporate for 
school purposes by the name of "The board of educa- 
tion of the city, town or village (as the case may be) 

of (here insert the corporate name of the 

city, town or village) of the state of North Dakota,'" ^^^^ ^^^ 

and shall possess all the powers and duties usual to powers of 

,. - , ,. c 1 -i school corpora- 

corporations tor public purposes or conferred upon it tion. 

by this article or which may hereafter be conferred . 

upon it by law ; and in such name it may sue and be 

sued, contract and be contracted with, and hold and 

convey such real and personal property as shall come 

into its possession by will or otherwise; and it shall 

procure and keep a corporate seal by which its official 

acts may be attested. 

Sec. 951. CONVEYANCE OF SCHOOL PRO- 
PERTY, HOW EXECUTED.— Any such city or in- 
corporated town or village is authorized and required 
upon the request of the board of education, to convey 
to such board of education all property within the 
limits of any such corporation heretofore purchased 
by it for school purposes and now held and used for School proper- 
such purposes, the title to which is vested in any such veyed?"' ^°'^' 
civil corporation. All conveyances for such property 
shall be signed by the mayor or president of the board 
of trustees and attested by the clerk of such corpora- 
tion, and shall have the seal of the corporation affixed 
thereto and be acknowledged by the mayor or presi- 
dent in the same manner as other conveyances of real 
estate. 

Sec. 952. SPECIAL SCHOOL DISTRICTS, 
HOW ORGANIZED.— When a petition signed by 
one-third of the voters of a city, incorporated town or 
village or a school district, in which is located a city Organization 
or incorporated town or village entitled to vote at school districts. 
such election, is presented to the council or trustees of 



110 GENERAL SCHOOL LAWS 

such city, incorporated town or village or school dis- 
trict, asking that such city, incorporated town or vil- 
lage or school district be organized as a special school 
district, such council or board of trustees shall within 
ten days order an election for such purpose, notice of 
which shall be given, and the election conducted and 
the returns made in the manner provided by law for 
the annual school election ; and the voters of such city, 
incorporated town or village or school district shall 
vote for or against organization as a special school 
district at such election. {See Sec. 937.) 

Sec. 953. ELECTION OF BOARD OF EDU- 
CATION. — If a majority of the votes cast at such 
election is for organization as a special school district, 
another election shall be called in the same manner as 
IS prescribed in the foregoing section, at which the 
catfon— eiec-"' votcrs of such city, incorporated town or village or 
**°" °^- school district shall elect five members of the board 

of education, two of whom .shall serve until the first 
annual election, two until the second annual election, 
and one until the third annual election thereafter, and 
until their successors are elected and qualified, and 
their respective terms shall be determined by lot. 

Sec. 954. TERMS OF OFFICE. QUORUM.— 
The board of education of each special district shall 
consist of we members who shall be elected by the 
of^'office^ '^^'^'^ legal voters thereof and who shall hold their office 
quorum. for the term of three years and until their succes- 

sors are elected and qualified, except as provided for 
first elections under this article, and three members 
shall constitute a quorum for the transaction of bus- 
iness at any legal meeting. 

Sec. 955. COMPENSATION OF MEMBERS 

WHO MUST NOT BE INTERESTED IN CON- 

' TRACTS. — Each member of such board of education 

shall receive a compensation of one dollar and fifty 

Board to re- ccuts for cach meeting of such board actually attended 

ceivc no com- - - ^ 

pensation nor by him; provided, that no compensation shall be al- 
in contrTcfs. lowcd for morc than one meeting in each calendar 
month. The members shall not be interested, direct- 
ly or indirectly, in any contract for making any im- 
provements or repairs, or for erecting any building or 
for furnishing any materials or supplies for their dis- 
trict. 

Sec. 956. ANNUAL AND SPECIAL MEET- 
INGS OF BOARD.— The annual meeting of such 



STATE OF NORTH DAKOTA 



111 



Meetings. 



Special meet- 
ings. 



Officers of 
board. 



Clerk. 



board of education shall be held on the second Tues- 
day in July following the annual election, at which 
time the newly elected members shall assume the du- 
ties of their office. Each board shall meet for the 
transaction of business as often as once in each calen- 
dar month thereafter and may adjourn for a shorter 
time. Special meetings may be called by the presi- 
dent or in his absence by any two members of the 
board by giving a personal notice to each member 
of the board or by causing a written or printed notice 
to be left at his last place of residence at least forty- 
eight hours before the time of such meeting. 

Sec. 957. ORGANIZATION OF BOARD.— At 
the annual meeting on the second Tuesday in July of 
each year such board of education shall organize by 
electing a president from among its members who 
shall serve for one year ; and they shall also elect a 
clerk, not one of their own number, who shall hold his 
office during the pleasure of the board and receive 
such compensation for his services as shall be fixed 
by the board. In the absence of the president at any 
meeting, a president pro tempore may be elected by 
the board. 

Sec. 958. DUTIES OF PRESIDENT.— The 
president shall preside at all meetings of the board, 
appoint all committees whose appointment is not oth- 
erwise provided for and sign all warrants ordered by 
the board to be drawn upon the treasurer for school 
moneys and perform other acts required by law. 

Sec. 959. DUTIES OF CLERK. RECORDS.— 
The clerk shall keep a true record of all the proceed- 
ings of the board, take charge of its books and docu- 
ments, countersign all warrants for school moneys 
drawn upon the treasurer by order of the board and 
affix the corporate seal thereto and perform such oth- 
er duties as the board may require. The records, 
books, vouchers and papers of the board shall be open 
to examination by any taxpayer of the district. Such 
record or a transcript thereof certified by the clerk and 
attested by the seal of the board, shall be received in Records, 
all courts as prima facie evidence of the facts therein 
set forth. 

Sec. 960. POWERS AND DUTIES OF BOARD. 
■ — Each board of education shall have power and it 
shall be its duty : 



Duties of presi- 
dent. 



Duties of clerk. 



School boardr^ 
powers and 
duties. 



112 



GENERAL SCHOOL LAWS 



Establish free 
schools. 



Maintain or 
discontinue 
same. 



High schools. 



1. To establish a system of graded common 
schools which shall be free to all children of legal 
school age, residing within such special district, and 
shall be kept open not less than six nor more than ten 
months in any year. 

2. To establish and maintain such schools in its 
city, town or village as it shall deem requisite or expe- 
dient and to change or discontinue the same. 

3. To establish and maintain a high school, when- 
ever in its opinion the educational interests of the cor- 
poration demand the same, in which such courses of 
study shall be pursued as shall be prescribed or ap- 
proved by the superintendent of public instruction, to- 
gether with such additional courses as such board of 
education may thereafter deem advisable to establish. 

4. To purchase, sell, exchange and hire school 
houses and rooms, lots or sites for school houses, and 
to fence and otherwise improve them as it deems pro- 
per. {Se'e Appendix C. — VL i, a. b.) 

5. Upon such lots and upon such sites as may be 
owned by such special district to build, alter, enlarge, 
improve and repair school houses, outhouses and ap- 
purtenances as it may deem advisable. 

6. To purchase, sell, exchange, improve and re- 
pair school apparatus, text books for the use of the 
pupils, furniture and appendages and to provide fuel 
for the schools. , 

7. To have the custody of all school property of 
every kind and to see that the ordinances and by-laws 
of the city or village in relation thereto are observed. 

8. To contract with, employ and pay all teachers 
in such schools and to dismiss and remove for cause 
any teacher whenever the interests of the school may 
require it ; but any such teacher shall be required to 
hold a certiiicate to teach, issued by the county super- 
intendent or the superintendent of public instruction, 
and if any such teacher holds only a county certificate 
the board may impose such further requirements as 
the best interests of the several grades may require. 
No person who is a relative of any member of the 
board shall be employed as a teacher without the con- 
currence of the entire board. 

9. To employ, should it deem expedient, a compe- 
tent and discreet person as superintendent of schools 
and to fix and pay a proper compensation therefor, 
and such superintendent may be required to act as 
principal or teacher in such school. ' 



School houses. 



Build same. 



Property and 
fuel. 



Custodians of 
property. 



Teachers. 



Superintendent. 



STATE OF NORTH DAKOTA 



113 



10. To defray the necessary and contingent ex- 
penses of the hoard, including the compensation of its 
clerk. 

11. To adopt, alter and repeal, whenever it may 
deem expedient, rules and regulations for organizing 
grading, government and instruction and the recep- 
tion of pupils, their suspension and expulsion and 
their transfer from one school to -another. But no pu- 
pil shall he suspended or expelled except for insubor- 
dination, habitual indolence or disorderly conduct ; 
such suspension shall not be for a longer period than 
ten days, nor such expulsion beyond the end of the 
current term of school. 

12. Each member shall visit, at least twice in each 
year, all the public schools in the city or village. 

13. To make a report on July first, or as soon 
thereafter as practicable, of the progress, prosperity 
and condition, financial as well as educational, of all 
the schools under its charge, a copy of which, togeth- 
er with such further information as shall be required 
by the superintendent of public instruction, shall be 
forwarded to the county superintendent, the same as 
reports are made by other school districts ; and such 
report or such portion thereof as the board of educa- 
tion shall consider advantageous to the public, shall 
be pfiblished in a newspaper in the city or village, and 
in cities and villages of over eight hundred inhabi- 
tants it may be published in pamphlet form. 

14. To admit children of persons not living in 
such special district into the schools of such district, 
and to fix and collect the tuition therefor, if in its 
judgment the best interests of the school will permit. 

15. To cause an enumeration of the children of 
school age within such special district, including those 
residing in ttny territory thereto attached for school 
purposes, to be made annually, as provided for other 
school districts, and return the same to the county 
superintendent. 

Sec. 961. TREASURER, CUSTODIAN OF 
SCHOOL MONEYS.— All moneys from whatever 
source, which the board of education of any special 
district shall by law be authorized to receive, shall be 
paid over to the treasurer of such board and he shall 
charge the same to the proper fund. 

Sec. 962. SCHOOL UNDER SUPERVISION 
OF WHOM. — The schools of each special district 
shall be under the immediate supervision of the board 



Expenses of 
board. 



Grading and 
government. 



Visit schools. 



Make report. 



Publish same. 



Admit non- 
residents. 



School census. 



Moneys to be 
paid to treas- 
urer. 



Supervision of 
schools. 



114 



GENERAL SCHOOL LAWS 



of education or the school superintendent appointed 
by such board, subject to such general directions and 
supervision by the county superintendent as are pro- 
vided for in this chapter. 

Sec. 963. TAXABLE PROPERTY.— The tax- 
able property of the whole school corporation includ- 
ing the territory attached for school purposes shall be 
subject to taxation. All taxes collected for the bene- 
fit of the school shall be paid in money, and shall be 
placed in the hands of the treasurer, subject to the 
order of the board of education. 



Taxable prop- 
erty. 



Levy not to ex- 
ceed 30 mills. 



Contracts — 
how let. 



For buildings 
or improve- 
ments. 



City or town 
treasurer ex- 
officio school 
treasurer. 



Duties of 
treasurer. 



Sec. 964. ANNUAL SCHOOL TAX.— The board 
of education shall on or before the twentieth day of 
July of each year levy a tax for the support of the 
schools of the corporation, including any expendi- 
tures allowed by law, for the fiscal year next ensuing, 
not exceeding in any one year thirty mills on the dol- 
lar on all the real and personal property within the 
district which is taxable according to the laws of this' 
state, the amount, of which levy the clerk of the board 
shall certify to the county auditor, who is authorized 
and required to place the same on the tax roll of such 
county to be collected by the county treasurer as other 
taxes and paid over by him to the treasurer of the 
board of education of whom he shall take a recent in 
duplicate, one of which he shall file in his office and 
the other he shall forthwith transmit to the clerk of 
the board of education. 

Sec. 965. EXPENDITURES. CONTRACTS.— 

No expenditures involving an amount greater than 
one hundred dollars shall be made except in accord- 
ance with the provisions of a written contract, and no 
contract involving an expenditure of more than five 
hundred dollars for the purpose of erecting any public 
buildings or making any improvements shall be made 
except upon sealed proposals and to the lowest respon- 
sible bidder, after public notice for ten days previous 
to receiving such bids. 

Sec. 966. TREASURER.— The treasurer of any 
city, town or village comprising a special district shall 
be treasurer of the board of education thereof. 

Sec. 967. TREASURER, DUTIES OF.— The 
treasurer of each board of education shall keep a true 
account of the receipts and expenditures of the var- 
ious funds separately, and shall prepare and submit in 



STATE OF NORTH DAKOTA 



115 



writing a quarterly report of the state of the finances 
of the district, and shall, when required, produce at 
any meeting of such board or any committee appoint- 
ed for the purpose of examining his accounts, all 
books and papers pertaining to his office. He shall 
safely keep in his possession or under his control all 
school moneys coming into his hands, and shall pay 
out such moneys only upon a warrant signed by the 
president, countersigned by the clerk and attested by 
the corporate seal of the board. 



Pay money on- 
ly upon proper 
warrant. 



Sec. 968. TREASURER'S BOND.— The treas- 
urer of the board shall execute a bond to such board, 
with sufficient sureties to be approved by the board, in 
such sum and as such board may from time to time re- 
quire, as near as can be ascertained in double the 
amount of the moneys likely to come into his hands, 
conditioned for the faithful discharge of his duties as 
treasurer ; which bond shall be in addition to his bond 
to the city, town or village. In case of the failure of 
the city, town or village treasurer to give such bond 
within ten days after being required so to do by such 
board of education, such treasurer's office shall be- 
come vacant and the council or board of trustees of 
such city, town or village shall appoint another per- 
son in his place, who shall give such additional 
bonds, (See Appendix D. — Note 24.) 

Sec. 969. ; BOARD ASSUMES CONTROL 
AFTER EQUALIZATION OF DEBTS AND 
PROPERTY^— When any board of education shall 
be organized under the provisions of this article, it 
shall, after the equalization hereinafter provided for, 
assume control of the schools of the city, town or vil- 
lage, and shall be entitled to the possession of all pro- 
perty of the former district or districts or parts there- 
of lying within such city, town or village, for the use 
of schools. Such board shall also be entitled to its 
due proportion of all moneys on hand and taxes al- 
ready levied but not collected, and shall be liable for a 
proper amount of the debts and liabilities of such 
former district, to be determined in the manner pro- 
vided in this chapter for the equalization, determina- 
tion and division of debts, property and assets of 
school districts consolidated or divided. 

Sec. 970. SPECIAL DISTRICT MAY BE- 
COME PART OF GENERAL DISTRICT, 
WHEN. — Any special district organized under the 



Bond of treas- 
urer. 



Vacancy on 
failure to give. 



Board assumes 
control — when. 



116 



GENERAL SCHOOL LAWS 



Special dis- 
trict part of 
general district 
— when. 



general school laws and provided with a board of edu- 
cation may become a part of the school district in 
which it is located, whenever it is so decided by a ma- 
jority vote of the school electors of the city, town or 
village and of such school district voting at an election 
called for that purpose. An election for such purpose 
shall be ordered and proper notice thereof given by the 
board of education and the school board of such dis- 
trict in the same manner as is required for the election 
of school officers in such district, when petitioned by 
one-third of the voters resident in such district, and 
when so united the determination and division of the. 
debts, property and assets shall be made by arbitration 
as provided in this chapter for school districts consol- 
idated or divided. Villages not incorporated but 
heretofore organized under the general school laws 
and provided with a board of education shall become 
a part of the school district in which they are located 
and the determination and division of the property, 
debts and assets shall be made by arbitration as afore- 
said. 



How. 



Election of 
board of edu- 
cation. 



Term. 



Polls open. 



Notice. 



Sec. 971. ELECTION OF BOARDS OF EDU- 
CATION IN SPECIAL DISTRICTS.— On the 
third Tuesday. in June each year an election shall be 
held in each special district at which such members 
of the board of education shall be elected at large as 
shall be necessary to fill all vacancies therein caused 
by expiration of terms of office or otherwise, and each 
member elected shall serve for a term of three years, 
commencing on the second Tuesday in July follow- 
ing his election and until his successor is elected and 
qualified except when elected to serve an unexpired 
term. ' The polls shall be open at 9 o'clock A. M. and 
kept open until 4 o'clock P. M. on the day of such 
election. { 

Sec. 972. NOTICE OF ELECTION, CON- 
TENTS OF.— Such election shall be called by the 
board of education of such special district, which shall 
cause notice thereof to be posted or published as re- 
quired by law for the annual election of civil officers 
in the city, town or village comprising such special 
district ; such notice shall be signed by the clerk, or, 
in his absence, by the president of the board of edu- 
cation of such district, and shall state the time and 
place of holding such election and what officers are 
to be elected and their terms. 



STATE OF NORTH DAKOTA 



117 



Form of. 



Sec. 973. NOTICE OF ELECTION, FORM OF. 
— Such notice shall be in substantially the following 
form : 

Notice is hereby given, that on Tuesday, the .... 

day of June, A. D , an annual election will 

be held at (here insert polling place) 

for the purpose of electing the following members of 

the board of education (here insert 

terms for which they are to be elected), for the city, 

town or village (here insert name) and 

the polls will be open at nine o'clock A. M. and closed 
at four o'clock P. M. of that day. 

By order of the board of education. 

Signed 

Clerk. 

Sec. 974. ELECTION PRECINCTS AND OF- 
FICERS OF ELECTION.— At least fifteen days 
prior to such election the board of education of each 
special district shall designate one polling place and 
appoint two 'persons to act as judges and two persons 
to act as clerks. Before opening the polls each of such 
judges and clerks shall take an oath that he will per- 
form his duties as judge or clerk (as the case may be) 
according to law and to the best of his ability, which 
oath may be administered by any officer authorized to 
administer oaths or by either of said judges or clerks 
to the others. 

Sec. 975. CANVASS OF RETURNS.— Such elec- 
tion shall be conducted and the votes canvassed in the 
manner provided by law for election of county offi- 
cers, and returns shall be made showing the number 
of votes cast for each person for any office, which 
shall be signed by the judges and clerks of election, 
and the person receiving the highest number of votes 
for each office in the district shall be declared elected, 
and the returns shall be filed 'with the clerk of the 
board of education within two days thereafter. 

Sec. 976. CERTIFICATES OF ELECTION.— 
The clerk of the board shall give to each person elect- 
ed at such election a certificate stating that he was 
duly elected as a member of the board of education 
and the time he is to take the oath and enter upon the 
duties of his office. Such clerk shall also certify as 
soon as possible to the county superintendent of 
schools the persons so elected and their terms. 



Election pre- 
cincts and offi- 
cers. 



Oath. 



Canvass. 



Certificates of 
election - — clerk 
shall give. 



118 



GENERAL SCHOOL LAWS 



Vacancies. 



Official oath. 



Sec. 977. VACANCIES, HOW FILLED.— The 
board of education of each city, town and village shall 
have power to appoint a person to fill any vacancy 
which may occur in the board ; and such appointee 
shall hold his office until the next annual school elec- 
tion, at which time a person shall be elected to serve 
for the unexpired term; but if such vacancy shall oc- 
cur within ten days before an annual election, such 
appointee shall hold office until the annual election in 
the following year. When any such appointment 
shall be made the clerk shall certify the same to the 
county superintendent. (See Appendix D. — Note 
3-) 

Sec. 978. OATH OF OFFICE.— Before enter- 
ing upon the duties of his office each person elected or 
appointed as a member of the board of education, 
shall take the oath or affirmation prescribed in section 
211 of the constitution, which oath shall be filed with 
the clerk of the board. (See Appendix D. — Note 
32.) 

Sec. 979. BONDS, HOW AND WHEN IS- 
SUED. — Whenever the taxes authorized by law shall 
not be sufficient or shall be deemed by the board of 
education to be burdensome, bonds may be issued and 
negotiated for the purpose of raising money to pur- 
chase a site or to erect suitable buildings thereon, or 
to fund any outstanding indebtedness, or for the pur- 
pose of taking up any outstanding bonds of the school 
corporation; provided, that the issuance of such 
bonds shall first be authorized by the voters of such 
special district as hereinafter prescribed. Such 
bonds shall be signed by the president and clerk and 
attested by the corporate seal of the board, shall bear 
the date of their issue, and be (payable in not less than 
five nor more than twenty years from their date, at 
such place as shall be designated upon their face. The 
denominations of the bonds which may be issued un- 
der the provisions of this article shall be fifty dollars 
or some multiple of fifty, and shall bear interest at not 
more than seven per cent per annum, payable semi-an- 
nually on the first day of January and July in each 
year, shall show upon their face that they are issued 
for school purposes, and shall be sold at not less than 
par. Each bond shall have endorsed thereon the cer- 
tificate of the clerk of the board stating that such bond 
is issued pursuant to law and is within the debt limit 
prescribed by the constitution. {See Appendix B.) 



Bonds issued 
when taxes 
are insufficient 
— how. 



Denomination 



Endorsed by- 
clerk. 



STATE OF NORTH DAKOTA 



119 



Election for 
issuing bonds 
— how con- 
ducted. 



Sec. 980. ELECTION FOR ISSUING BONDS. 
— Before issuing any such bonds the board of educa- 
tion shall call an election for the purpose of submit- 
ting to the voters of the district the question of issu- 
ing such bonds, notice of which shall be given in the 
manner prescribed by law for giving notice of the an- 
nual election for the several officers of the city, town 
or village comprising such special district, except that 
such notice shall be given twenty days before such 
election. Such election shall be conducted and the 
returns made in the manner provided for the annual 
election of members of the board of education and 
may be held at the time of the annual school election or 
at any other time named in such notice. The notice 
of such election shall clearly state the amount of the 
bonds proposed to be issued, the time in which they 
shall be made payable, the purpose for which they are 
to be issued, and the time and place such election will 
held. At such election the voters shall have written 
or printed on their ballots "for issuing bon^s" or 
"against issuing bonds," and if a majority of the 
votes cast is for issuing bonds such bonds shall be is- 
sued and negotiated by such board of education, but 
if a majority thereof is against issuing bonds such 
bonds shall not be issued, nor sball the question be 
again submitted for one y'ear thereafter except for a 
different amount and then only upon a written peti- 
tion of a majority of the voters of the district. 



Sec. 981. BONDS TO SPECIFY WHAT. DEBT 
LIMIT. — The bonds, the issuance of which is pro- 
vided for in the foregoing section, shall specify the 
rate of interest and the time when the principal and 
interest shall be paid ; and no district shall issue bonds 
in pursuance of this article in a sum greater than five 
per cent of its assessed valuation, including other 
debts. (See Sec. pi 2.) 

Sec. 982. LEVY FOR INTEREST AND SINK- 
ING FUND. — The board of education at the time of 
its annual tax levy for the support of schools shall 
also levy a sufficient amount to pay the interest as the 
same accrues on all bonds issued under the provisions 
of this article, and, also to create a sinking fund for 
the' redemption of such bonds, which it shall levy and 
collect in addition to the rate per cent authorized by 
the provisions aforesaid for school purposes, and such 
amount of funds when paid into the treasury shall be 



Bonds — what 
to specify. 



Limit. 



Interest and 
sinking fund 
— levy to pay. 



120 



GENERAL SCHOOL LAWS 



Investment df 
sinking fund 



In U. S. bonds. 



and remain a special fund for such purpose only, and 
shall not be appropriated in any other way except as 
hereinafter provided. At or before the issuance of 
any bonds as herein provided the board shall by reso- 
lution provide for such annual levy to pay the inter- 
est and to create such sinking fund, and such resolu- 
tion shall remain in force until all such bOnds and the 
interest thereon shall have been paid. {See Sec. 
pi I.) 

Sec. 983. INVESTMENT OF SINKING 
FUNDS. SCHOOL DISTRICTS.— All moneys 
raised for the purpose of creating a sinking fund for 
the final redemption of all bonds issued under article 
71 of chapter 9 of the civil "code of the state shall be' 
invested annually by the board of education of any 
special school district in this state as follows, vi'z : 

1. In the bonds of this state or of the United 
States. I 

2. Special school district board may designate one 
or more national or state banks in the county where 
such special school district is situated as a depository 
for such sinking fund, and in such case the school 
board shall advertise for at least two weeks in some 
newspaper printed within the limits of said special 
school district, if there be one, if not, in the county 
where said school district is situated, for sealed pro- 
posals for the deposit of the sinking fund of such 
school district, reserving the right to reject any and 
all bids, satisfying itself of the responsibility of all 
banks proposing to act as depositories. Before any 
bank shall be designated as such depository it shall 
present to the school board a sealed proposal stating 
in writing what rate of interest will be paid for the 
deposit of such sinking funds, and shall submit to the 
board for its approval a bond payable to the special 
school district conditioned for the safe keeping and 
repayment of any funds deposited in such bank, which 
bond shall be signed by. not less than three freehold- 
ers of this state as sureties or some surety bond com- 
pany qualified to do business in this state and such 
bond to be in the sum required by the school board 
and in no case to be less than double the probable 
amount of the funds to be deposited in such bank. 
The approval of such bond shall be endorsed thereon 
by the board and deposited with the county auditor 
and any bank whose bond shall have been so approved 
shall thereupon be designated by the school board as 



Depository. 



Bond of. 



STATE OF NORTH DAKOTA 



121 



Treasurer 
exempt from 
liability. 



a depository for the sinking fund, and shall continue 
as such, until such time as the board shall direct the 
withdrawal of such funds or until such funds are 
needed for the payment or the purchase of bonds as 
provided for in this act. When the sinking fund of 
any special school district is deposited by the treas- 
urer of the board of education of said school district in 
the name of the school district in such depository such 
treasurer and his sureties shall be exempt from all lia- 
bility thereon by reason of loss of any such funds 
from the failure, bankruptcy or any other act of any 
such bank, to, the extent only of such funds in the 
hands of such bank or banks at the time of such fail- 
ure or bankruptcy. Such depository shall furnish to 
the clerk of the board of education of such special 
school district prior to the fifth day of July of each 
year, a verified statement of the school district account 
with such depository for the year ending June 30. 
which statement shall show a credit to such deposit 
account of all sums of interest accruing on the sink- 
ing fund deposited. (See Sec. 914.) 

3. The board of education of any special school 
district may buy and cancel the bonds of such district 
and pay for the same with the moneys in the sinking 
fund created to pay such bonds. 

4. In first mortgages on farm lands in this state 
only in the following manner, towit: 

(a) That said first mortgages and all of them, 
shall run for a period of time and not to exceed ten 
years and that the funds so invested shall bear interest 
at a rate not less than six per cent per annum and such 
interest when paid shall be covered into and become a 
part of the said sinking fund. 

(b) First mortgage loans shall only be made upon 
cultivated lands within the state, and to persons who 
are actual residents thereof. And in no case on lands 
of which the appraised value is less than seven dol- 
lars and fifty cents per acre, and in sums not more 
than one thousand dollars to any one person, firm or 
corporation. Such appraisement to be made by the 
school board of such special school district or by some 
competent person designated by them for the purpose. 



May buy 
bonds. 



Mortgages. 



Not to exceed 
ten years. 



By whom and 
on what lands. 



Sec. 984. SATISFACTION AND FORECLO- 
SURE OF MORTGAGES.— All or any of said mort- „ . , ,, . 

. -' Paid after five 

gages may be satisfied at any time after five years years, 
from the date when made on payment of the full 



122 



GENERAL SCHOOL LAWS 



Foreclosure. 



Interest cou- 
pons — payment 
of. 



amount due thereon, by an instrument in writing exe- 
cuted in the corporate name of the special school dis- 
trict which shall be the payee in all notes taken for 
loans as herein provided and the mortgagee in all 
mortgages taken. Such instrument to be executed 
and acknowledged in the same manner as is or may 
be provided for by law for the execution and acknowl- 
edgement of transfers of real estate by corporations. 
Such mortgages may be foreclosed by advertisements 
or an action in the name of the special school district 
in any court of competent jurisdiction as is now or 
may be provided by law. 

Sec. 985. INTEREST COUPONS.— When the 
interest coupons of the bonds hereinbefore authorized 
shall become due they shall be promptly paid, upon 
presentation, by the treasurer, out of any moneys in 
his hands collected for that purpose, and he shall in- 
dorse in red ink upon the face of such coupons the 
word "paid" and the date of payment and sign the 
initials of his name. 

Sec. 986. SECURITY FOR PAYMENT OF 
BONDS. — The school fund and property of such 
school corporation and territory attached for such 
purposes is hereby pledged to the payment of the in- 
terest and principal of the bonds mentioned in this 
article as the same may become due. 

Sec. 987. BOND REGISTER.— The clerk of the 
board of education shall register in a book provided 
for that purpose the bonds issued under this article, 
and all warrants issued by the board, which register 
shall show the number, date and amount of such 
bonds and to whom payable. 

Sec. 988. REFUNDING BONDS, ISSUANCE 
OF. — The board of education of any special or inde- 
pendent school district shall have power, whenever 
two-thirds of the members of such board shall deem 
it necessary and for the best interests of such school 
district, to issue bonds for the -purpose of refunding 
any outstanding bonds when the same become due. 
Such bonds shall be issued in denominations of fifty 
dollars or some multiple of fifty, and shall not exceed 
in amount the face value of the bonds they are issued 
to replace, and shall not bear a higher rate of interest 
than seven per cent per annum, payable semi-annual- 
ly on the first day of January and July of each year, 
nor run for a longer period than twenty years. 



Bonds — how 

secured. 



Bond register 
— what to 
show. 



Refunding 
bonds. 



Description of. 



STATE OF NORTH DAKOTA 



123 



Sec. 989. BONDS MAY BE EXCHANGED. 
— Such refunding bonds may he exchanged at par for 
an equal amount of outstanding bonds or may be sold 
at not less than par value and the proceeds applied 
solely to the payment of the bonds to be refunded, 
except that any premium that may be received on the 
sale of such bonds shall be kept as a separate fund 
and used for the payment of the interest on such 
bonds. 



Exchange of 
bonds. 



Sec. 990. ISSUE OF BONDS, HOW GOV- 
ERNED. — In the issuance of such refunding bonds 
the board of education shall be governed by the pro- 
visions of sections 981 to 987. 

Sec. 991. SURPLUS FUNDS, HOW TRANS- 
FERRED. — Any moneys remaining in the treasury 
of such school districts, appropriated or held for the 
purpose of paying such bonds so refunded, may, at 
the discretion of the board of education at any time 
within six months after such refunded bonds have 
been taken up and canceled, be transferred to the 
building or contingent fund of such district. 

Article 20. — Independent School Districts. 

Sec. 992. INDEPENDENT DISTRICTS, HOW 
ORGANIZED. — Any city heretofore organized for 
school purposes under a special law and provided with 
a board of education may become incorporated as an 
independent school district under the provisions of 
this article in the manner following : Whenever one 
eighth of the legal voters of such city voting at the 
preceding municipal election shall petition the mayor 
and council therecrf to submit the question as to 
whether such city shall establish an independent 
school district under this article to a vote of the elec- 
ors in such city it shall be the duty of such mayor and 
council to submit such question accordingly and to 
appoint a time and place or places at which such vote 
may be taken and to designate the persons who shall 
act as judges at such election, but such question shall 
not be submitted oftener than once in two years. 

Sec. 993. NOTICE OF ELECTION.— The mayor 
of such city shall cause at least twenty days' notice of 
such election to be given by publishing a notice there- 
of in one or more newspapers within such city, but if 
no newswpaper is published therein, then by posting 



Law 



governing. 



Surplus funds 
— disposal of. 



Independent 
districts. 



How organ- 
ized. 



Election 
board. 



Election — 
notice of. 



124 



GENERAL SCHOOL LAWS 



Ballots — 
form of. 



Bounded by- 
city limits. 



Board of edu- 
cation — how 
elected. 



Quorum. 



at least five copies of such notice in each ward or vot- 
ing precinct. 

Sec. 994. FORM OF BALLOTS. RETURNS. 
— The ballots to be used at such' election shall be in 
the following form : "For establishing an independ- 
ent school district" or "against establishing an inde- 
pendent school district." The judges of such elec- 
tion shall make returns thereof to the city council 
whose duty it shall be to canvass such returns and 
cause the result of such canvass to be entered upon 
the records of such city. If a majority of the votes 
cast at such election shall be for establishing an inde- 
pendent school district, such independent school dis- 
trict shall thenceforth be deemed to be organized un- 
der this article and the board of education then in 
office shall thereupon exercise the powers conferred 
upon like officers in this article until their successors 
are elected and qualified. 

Sec. 995. BOUNDARIES OF INDEPENDENT 
DISTRICTS.— All that portion included within the 
corporate limits of any city, together with the addi- 
tions that are now or may be hereafter attached to 
such city limits shall be constituted and established an 
independent school district to be designated as the 

"Independent School District of the City of " 

and a board of education is hereby established for the 
same. 

Sec. 996. MEMBERS OF BOARD, HOW 
ELECTED. QUORUM.— Such board shall consist 
of one member from each ward in the city, and when 
the city is divided into an even number of wards, then 
such city shall elect one member of such board at 
large. Such members shall hold their office for the 
term of two years and until thei'r successors are elect- 
ed and qualified. A majority of the members of such 
board shall constitute a qijorum for the transaction of 
business, but a smaller number may meet and adjourn. 
The electors in each ward in such city shall elect one 
member of such board, and the electors of such city 
shall elect one member of such board at large. The 
wards having even numbers shall hold their election 
in each even numbered year and the wards having odd 
numbers shall hold their election in each odd num- 
bered year. The member at large shall be elected bi'- 
enially in the even numbered years ; provided, when 
such city is divided into three wards, such board shall 



STATE OF NORTH DAKOTA 



125 



Member 
large. 



Election — 
date of. 



consist of five members, one member from each ward, 
and two members to be chosen at large ; provided, 
also, that at the first election members from even num- 
bered wards shall be elected for a term of one year, 
and members from odd numbered wards for a term of 
two years ; when two members are to be chosen at 
large at such first election, one shall be elected for a 
term of one year and one for a term of two years. 

Sec. 997. DATE OF ELECTION. CANVASS 
OF VOTES. — The election referred to in the forego- 
ing sections shall be held on the third Monday in 
April of each year, at the usual polling place for mu- 
nicipal elections in each ward. The mayor shall 
have authority and is hereby empowered to appoint 
two judges and one clerk for such election, who shall 
open the polls at the hour of eleven o'clock in the 
'forenoon and hold the same open until five o'clock in 
the afternoon of the same day. Such election shall 
be conducted in all respects and the polls closed and 
votes canvassed in the same manner as municipal elec- 
tions, and the judges shall have the same power and 
authority in all respects as the judges of election for 
municipal officers, and after the votes are canvassed 
the judges shall make their returns to the city clerk 
or auditor, as the case may be, within twenty-four 
hours after the polls are closed, and the city council 
shall canvass such returns and declare the result with- 
in three days thereafter, which result shall be entered 
upon the records of the city, and it shall be the dutv 
of the city clerk or auditor to issue certificates of elec- 
tion to the persons declared elected. The judges and 
clerks of election shall receive the same compensation 
for their services as at municipal elections for mayor 
and aldermen. 



Conduct of. 



Sec. 998. VACANCIES, HOW FILLED, 
any vacancy occurs in the board for any cause. 



-If 
the 
remaining members thereof shall fill such vacancy by 
appointment until the next annual election, and at 
such election a new member shall be elected to fill the 
unexpired term. 

Sec. 999. STYLE AND POWERS OF BOARD. 
— The board so elected shall be. a body corporate in 
relation to all the powers and duties conferred upon it 
by this article, and shall be styled "The Board of Edu- 
cation of the Independent School District of the City 
of (here insert the name of the city)" and 



Vacancies- 
how filled. 



Board- 
styled. 



-how 



126 



GENERAL SCHOOL LAWS 



as such shall have the power to sue and be sued, con- 
tract and be contracted with, and shall possess all the 
powers usual and incident to such bodies corporate, 
and such as shall be herein given, and shall procure 
and keep a corporate seal. At each annual meeting 
of the board the members thereof shall elect one of 
their number president of the board, and when he is 
absent a president pro tempore shall be appointed who 
shall preside during such absence. The members so 
elected shall each qualify by taking the prescribed 
oath of office within ten days after receiving their cer- 
tificates of election, and shall assume the duties of 
the office at the annual meeting of the board held on 
the first Monday in May of each year. I 



Powers. 



Officers. 



Annual 
ing. 



Compensation 
— contracts. 



Care of prop- 
erty. 



Meetings. 



Secretary- 
duties of. 



Sec. 1000. RESPONSIBILITY OF BOARD.— 
The members of the board shall receive no compensa- 
tion, nor be interested directly or indirectly in any 
contract for building or making any improvements or 
repairs provided by this chapter. They shall have 
the care and custody of all public property in such 
district pertaining to school purposes and the general 
management and control of all school matters. 

Sec. 1001. MEETINGS OF BOARD.— The reg- 
ular meetings of the board shall be held on the first 
Tuesday of each month, and the board may hold 
special meetings upon notice. The regular meetings 
may be adjourned for any time shorter than one 
month. Special meetings may be called by the presi- 
dent, or in case of his absence or inability to act, by 
any three members of the board as often as necessary 
by giving a personal notice in writing to each mem- 
ber of the board or by causing such notice to be left 
at his place of residence at least forty-eight hours be- 
fore the hour of such special meeting. 

Sec. 1002. SECRETARY, DUTIES OF.— Such 
board shall appoint a secretary, who shall hold his of- 
fice during the pleasure of the board and whose com- 
pensation shall be fixed by the board. The secretary 
shall keep a record of the proceedings of the board 
and perform such other duties as the board may pre- 
scribe. Such record, or a transcript thereof, certi- 
fied by the secretary and attested by the seal of the 
board, shall be received in all courts as prima facie 
evidence of the facts therein set forth ; and such rec- 
ords, and all books, accounts, vouchers and papers of 
the board shall at all times be subject to inspection by 



STATE OF NORTH DAKOTA 



127 



Taxes — pow- 
ers of board 
as to. 



the members of such board or any committee thereof, 
or by any taxpayer of the district. For the purpose 
of economy the board may, if deemed advisable, ap- 
point one of its own members secretary. The annual 
report of the secretary shall contain such items as may 
be required by the superintendent of public instruc- 
tion. 

Sec. 1003. POWERS OF BOARD.— The board 
shall have power and it shall be its duty to levy and 
raise from time to time by tax such sums as may be 
determined by the board to be necessary and proper 
for any of the following purposes : 

1. To purchase, exchange, lease or improve sites 
for school houses. 

2. To build, purchase, lease, enlarge, alter, im- 
prove and repair school houses and their outhouses 
and appurtenances. 

3. To purchase, exchange, improve and repair 
school apparatus, books, furniture and appendages. 

4. To procure fuel and defray the contingent ex- 
penses of the board, including the expenses of the sec- 
retary. 

5. To pay teachers' wages after the apportionment 
of public moneys which may be by law appropriated 
and provided for that purpose. 



Purposes for 
which taxes 
may be levied. 



Sec. 1004. COLLECTION OF TAX.— The tax 
to be levied and collected as aforesaid by virtue of this 
article shall be collected in the same manner as other 
county taxes, and for that purpose the board of edu- 
cation shall have power to levy and cause to be collect- 
ed such taxes as are herein authorized, and shall 
cause the amount iof each purpose to be certified by 
the secretary to the county auditor in time to be add- 
ed to and put upon the annual tax list of the county. 
And it shall be the duty of the county auditor to cal- 
culate and extend upon the annual assessment roll and 
tax list the tax so levied by such board, and such tax 
shall be collected as other county taxes are collected. 

Sec. 1005. AMOUNT OF TAX LIMITED.— 
The amount raised for teachers' wages and conting- 
ent expenses shall be only such as together with the 
public moneys coming to such district from the state 
and county fund and other sources shall be sufficient 
to maintain efficient and proper schools in such dis- 
trict. The taxes for the purchasing, leasing or im- 
proving of sites, and the building, purchasing, leasing, 



Taxes — how 
collected. 



Taxes — limi- 
tation. 



128 



GENERAL SCHOOL LAWS 



Bonds — 
authority to is- 
sue. 



enlarging altering or repairing of school houses shall 
not exceed in any year twenty mills on the dollar of the 
assessed valuation of the taxable property of the dis- 
trict and the board of education is authorized and di- 
rected, when necessary, to borrow in anticipation, the 
amount of the taxes to be raised, levied and collected 
as aforesaid. 

Sec. 1006. I AUTHORITY TO ISSUE BONDS. 
— The board of education of such district is author- 
ized and empowered, and it is its duty whenever the 
board deems it necessary for the efficient organiza- 
tion and establishment of schools in such district, and 
when the taxes authorized by this article shall not be 
sufficient or shall be deemed by the board to be bur- 
densome upon the taxpayers of the district, from time 
to time to issue bonds of the district in the denom- 
ination of fifty dollars or some multiple of fifty, pay- 
able at a time not to exceed twenty-five years after 
date and bearing interest at a rate not to exceed seven 
per cent per annum, payable semi-annually on the first 
day of January and July of each year ; and to show 
upon their face that they are issued for the purpose 
of building or furnishing a school house or school 
houses, purchasing grounds on which to locate the 
same, or to fund any outstanding indebtedness, or for 
the purpose of taking up any outstanding bonds ; and 
the said board of education is authorized to cause the 
same to be sold at not less than par value, and the 
money realized therefrom deposited with the city 
treasurer to the credit of such board of education ; and 
when any bonds shall be so negotiated it shall be the 
duty of the board to provide by tax for the payment 
of the principal and interest of such bonds ; provided, 
that at no time shall the aggregate amount of such 
bonds, including all other indebtedness, exceed fifty 
mills on the dollar of valuation of the taxable proper- 
ty of such district, to be determined by the last city 
assessment. {See Sec. pio.) 

Sec. 1007. MONEYS PAID TO CITY TREAS- 
URER. — All moneys raised pursuant to the provi- 
sions of this article and all moneys which shall by law 
be appropriated to or provided for such district, shall 
be paid over to the city treasurer of the city, and the 



Bonds must 
show what. 



City treasurer 

—moneys to be couuty treasurer shall from time to time, as he shall 

^^' " receive the county school funds, and at least once 

in each month, on the first Monday thereof, pay over 



STATE OF NORTH DAKOTA 



129 



Treasurer's 
bond. 



to- such city treasurer the proportion thereof be- 
longing to such district ; and for that purpose the 
board shall have the power to cause all needful steps 
to be taken including census reports or other acts 
or things, to enable such board to receive the school 
money belonging to such district, as fully and com- 
pletely as though such district formed one of the 
school districts of the county where the same may be 
situated. 

Sec. 1008. BOND OF TREASURER.— The city 
treasurer of such city shall give a bond to such board 
of education in such sum as the board shall from time 
to time require, with two or more sureties to be ap- 
proved by the board, conditioned for the safe-keeping 
of the school funds, which shall be in addition to his 
other bond ; and such treasurer and the sureties upon 
such bond shall be accountable to the board for the 
moneys that come into his hands, and in case of fail- 
ure of such treasurer to give such bond when re- 
quired by the board, or within ten days thereafter, his 
ofifice shall become vacant and the city council shall 
appoint another person in his place. 

Sec. 1009. SCHOOL FUNDS, HOW KEPT 
AND PAID OUT. — All moneys required to be raised 
by virtue of this article shall be paid in cash or in war- 
rants hereinafter provided, drawn on the school fund 
only, and such moneys and all moneys received by 
such district for the use of the common schools there- 
in shall be deposited for safe-keeping 'with such city 
treasurer to the credit of the board of education and 
shall by him be safely kept separate and apart from 
any other funds until drawn from the treasury as 
herein provided. Such treasurer shall pay out the 
moneys authorized by this article only upon warrants 
drawn by the president, countersigned 'by the secre- 
tary and attested by the seal of such board of edu- 
cation. 



Vacancy on 
failure to give. 



Moneys — 
how paid out. 



Sec. 1010. GENERAL POWERS OF BOARD. 
— The board shall have power and it shall be its duty : 
(See Sec. p6o.) 

1. To organize and establish such schools in the 
district as it shall deem requisite and expedient, and 
to change and discontinue the same. 

2. To purchase, sell, exchange and hire school 
houses and rooms, lots or sites for school houses, and 

—9— 



General powers 
of board: 



Over schools. 



Houses and 
sites. 



130 



GENERAL SCHOOL LAWS 



to fence and improve the same. {See Appendix C. 
—VI, I, a, b.) 

3. To build, enlarge, alter, improve and repair 
school houses, outhouses and appurtenances as it may 
deem advisable upon lots and sites owned by the dis- 
trict. 

4. To purchase, sell, exchange, improve and repair 
school apparatus, books for indigent pupils, furniture 
and appendages and provide fuel for schools. 

5. To have the custody and safe keeping of the 
school houses, outhouses, books, furniture and appur- 
tenances, and to see that the ordinances of the city 
council in relation thereto are observed. 

|6. To contract with and employ all teachers in 
such schools and remove them at pleasure. 

7. To pay the wages of such teachers out of the 
money appropriated and provided by law for the sup- 
port of common schools in such district, so far as the 
same shall be sufficient, and the residue thereof from 
the money authorized to be raised by this article. 

8. To defray the necessary and contingent ex- 
penses of the board, including the compensation of 
the secretary. 

9. To have in all respects the superintendence, 
supervision and management of the common schools 
of such district, and from time to time to adopt, alter, 
modify and repeal, as they may deem expedient, rules 
and regulations for their organization, grading, gov- 
ernment and instruction, for the reception of pupils 
and their transfer from one school to another, for the 
suspension and expulsion of pupils subject to the same 
restrictions as are contained in subdivision 11 of sec- 
tion 960, and generally for their good order, prosper- 
ity and utility. 

10. To prepare and report to the city counsel of 
the city such ordinances and regulations as may be 
necessary and proper for the protection, safe-keeping, 
care and preservation of school houses, lots, and sites 
and appurtenances and all the property belonging to 
the district connected with or appertaining to the 
schools within the city limits, and to suggest proper 
penalties for the violation of such ordinances and reg- 
ulations, and annually, on or before the first Monday 
in July, to determine and certify to the county auditor 
the rate of taxation in its opinion necessary and pro- 
per to be levied under the provisions of this article for 
the vear commencing on the first day of July there- 



Buildings. 



Books and ap- 
paratus. 



Care of prop- 
erty. 



Teachers. 



Teachers 

wages. 



Expenses. 



Rules and reg- 
ulations. 



Prepare ordin- 
ances. 



Certify tax 
levy. 



STATE OF NORTH DAKOTA 



131 



Visitation. 



after, and also at any time to determine how many 
and what denomination of bonds shall be issued and 
sold to pay the extraordinary outlays required. 

Sec. 1011. VISITING SCHOOLS.— Each mem- 
ber of the board shall visit all the public schools in the 
district at least twice in each year of his ofificial term, 
and the board shall provide that each of the schools 
shall be visited by a committee of three or more of 
tneir number at least once during such term. 

Sec. 1012. NON-RESIDENT PUPILS.— Such 
board of education shall have power to allow the chil- 
dren not resident in such district, to attend the schools 
of such district under the control and care of such 
board, upon terms as the board shall prescribe, fixing 
the tuition which shall be paid therefor. 

;Sec. 1013. EXPENDITURES NOT TO EX- 
CEED REVENUES.— It shall be the duty of the 
board in all its expenditures and contracts to have 
reference to the amount of money which shall be sub- 
ject to its order during the current year for the par- 
ticular expenditures in question and not to exceed 
that amount. 



Sec. 1014. TITLE TO PROPERTY OF DIS- 
TRICT. — The title to all property belonging to any 
such independent school district shall be vested in 
such district for the use of the schools, and the same 
while used and appropriated for school purposes 
shall not be levied upon or sold by virtue of any war- 
rant or execution or other process, nor be subject to 
any judgment or mechanic's lien or taxation for any 
purpose whatever ; and the district in its corporate 
capacity may take, hold and dispose of any real and 
personal property transferred to it by gift, grant, be- 
quest or devise for the use of common schools for 
the district, whether the same is transferred in terms 
to such district by its proper name or to any person 
or body for the use of such schools. 

Sec. 1015. REAL PROPERTY. TITLE, HOW 
CONVEYED. — Whenever any property is purchased 
by the board a conveyance thereof shall be taken in 
the name of such district ; and whenever any sale of 
such property is made by the board, a resolution in 
favor of such sale shall first be adopted and spread 
upon the records of the board, and the conveyance of 
such property shall be executed I'n the name of such 
district by the president of the board attested by the 



Non-resident 
pupils. 



Expenditures 
- — must be 
within rev- 
enues. 



Title to prop- 
erty — how 
vested. 



Not subject to 
lien. 



By gift and 
devise. 



Real estate — 
how conveyed. 



132 



GENERAL SCHOOL LAWS 



Treasurer — 
reports by. 



Contents of 
report. 



Ordinances- 
city council 
to pass. 



secretary vmder the seal thereof, and acknowledged 
by such officers, j Such president and secretary shall 
have authority to execute conveyances as aforesaid, 
with or without covenants of warranty on behalf 
of the district. 

Sec. 1016. REi^ORT OF CITY TREASURER. 
^It shall be the duty of the city treasurer at least fif- 
teen days before the annual election for members of 
suclT board and as often as called upon by the board, 
to prepare and report to such board a true and cor- 
rect statement of the receipts and disbursements of 
moneys under and pursuant to the provisions of this 
article, during the preceding year, which statement 
shall set forth under appropriate head: 

1. The money raised by the board under section 
1003. 

2. The school moneys received from the county 
treasurer. 

3. The money received under section 1006. 

4. All moneys received by the city treasurer, sub- 
ject to the order of the board, specifying the sources 
from which it accrued. 

'5. The manner in which all money has been ex- 
pended, specifying the amount under each head of 
expenditures and the board shall at least one week 
before such election, cause such statement to be pub- 
lished in all the newspapers of the city which will 
publish the same gratuitously. 

Sec. 1017. CITY COUNCIL TO PASS CER- 
TAIN ORDINANCES.— The city council shall have 
the power and it shall be its duty to pass such ordi- 
nances and regulations as the board of education 
may recommend as necessary for the protection, 
preservation, safe-keeping and care of the school 
houses, lots, sites, appurtenances, libraries and all 
necessary property belonging to or connected with 
the schools of the city, and to provide proper penal- 
ties for the violation thereof ; and all penalties shall 
be collected I'n the same manner that the penalties 
for violation of city ordinances are collected, and 
when collected shall be paid to the city treasurer, and 
placed to the credit of the board of education, and 
shall be subject to its order as herein provided. 

Sec. 1018. FORFEIT FOR REFUSAL TOl 
SERVE AS MEMBER OF BOARD.— It shall be 
the duty of the clerk of such board immediately after 



Penalties. 



Notice to 
member-elect 
of board. 



STATE OF NORTH DAKOTA 



133 



the election of any person as a member thereof, per- 
sonally or in writing, to notify him of his election, 
and if any person shall not within ten days after re- 
ceiving such notice of election, take and subscribe 
the oath as herein provided and file the same with the 
city auditor, the board may consider it as a refusal 
to serve, and fill the vacancy thus occasioned, and 
the person so refusing shall forfeit and pay to the 
city treasurer for the benefit of the schools of such 
district a penalty of fifty dollars, which may be re- 
covered in the name of such city, by a civil action. 

Sec. 1019. NEW DISTRICT TO ASSUME 
DEBTS OF OLD. — School districts created under 
the provisions of this article shall assume all obliga- 
tions and liabilities incurred by the districts out of 
which they are formed, if old districts are not divided, 
and a proportionate part, if divided. 



Penalty for re- 
fusal to act. 



Old debts to 
be assumed by 
district. 



Article 21. — Boards of Education 
Cities. 



IN Certain 



Sec. 1020. BOARDS TO BE ELECTED AT 
LARGE. — In each city not organized under the gen- 
eral law there shall be a board of education consisting 
of seven members having the qualifications of elect- Board elected 
ors who shall be elected at large by the electors of ^^ large— when, 
such city qualified to vote at school elections ; and, 
except as may be otherwise provided herein for the 
first election, two members of such board shall be 
elected annually and three triennially at a special elec- 
tion to be held on the Tuesday after the first Mon- 
day in June; provided, that the provisions of this 
article shall not apply to cities existing under a special 
act and which are now conducting their schools under 
the general school laws. 

Sec. 1021. TERM OF OFFICE.— The term of 
office of a member of the board of education, except 
as in this article otherwise provided, shall be three 
years and until his successor I's elected and qualified. 

Sec. 1022. ELECTIONS, HOW CONDUCTED. 
— All elections under the provisions of this article 
shall be called, conducted and the votes canvassed and 
returned in the manner provided by law for general 
city elections. 

Sec. 1023. RELATIVES NOT ELIGIBLE AS Relatives ineii- 
TEACHERS.— No son, wife or daughter of any g^'^ ^' ^^^^^- 



Office — term of 



Elections — 
conduct of. 



134 GENERAL SCHOOL LAWS 

member of the school board shall be eligible to a posi- 
tion as a teacher in schools of the district which such 
member represents except upon the consent of all the 
members of such board. 

Sec. 1024. INDEPENDENT SCHOOL OR- 
GANIZATIONS UNDER SPECIAL LAWS 
ABOLISHED. — Any independent district organized 
for school purposes under a special law, which does 
not include or is not included in any city 
or incorporated town or village organized for 
municipal purposes, shall become a part of the 
school district in which it is located by the re- 
peal of the special law organizing or governing such 
Districts under independent district. Any independent district or- 
Iboiished^"^ ganized for school purposes under a special law or 

under any other law than is contained I'li this chapter, 
which includes or is included in any city or incorpor- 
ated town or village organized for municipal purposes, 
shall become a special district by the repeal of the spe- 
cial law organizing or governing such independent 
school district. Any school district or special dis- 
trict so constituted or constituted in part shall be gov- 
erned by the provisions of this chapter ; provided, 
that nothing herein shall prevent any such independ- 
ent district from coming under the operation of this 
chapter in the manner therein provided. 

Sec. 1025. OLD SCHOOL OFFICERS HOLD 
OVER. — The board of education or other governing 
board of such independent district shall continue to 
exercise the powers and duties devolving upon it un- 
der the provisions of such special or other law gov- 
erning such independent district, the same as though 
Officers of old sucli law had not been repealed, until the second Tues- 
dismct hold ^^y -^ j^^ly f,QiiQ-^ing the repeal of such special or 
other law ; provided, that all that portion of the gen- 
eral school laws which provides for an annual school 
election shall apply to such independent district and 
shall be in full force and effect for the purpose of 
electing school officers at such annual school election ; 
and such officers shall be elected in and for the whole 
school district, including the independent district or 
portion of such independent district located therein, 
or in and for the special district, the same as though 
no law had ever existed providing for the organiza- 
tion of such independent district ; provided, further, 
that in a special district formed and created as here- 
in provided, a full board of education shall be elected 



STATE OF NORTH DAKOTA 



135 



as provided by law for first elections, but m scl^pol 
districts formed and created as herein provided by the 
addition of such independent district or portion 
thereof, there shall be elected only such officers as are 
required to fill the regular vacancies in the school 
offices of such school district heretofore organized. 

Sec. 1026. DEBTS AND ASSETS DETER- 
MINED BY ARBITRATION.— When the bound- 
aries of such school district shall have been arranged 
as contemplated in this article, the determination and 
.division or consolidation of all debts, property and 
assets of the several portions of such district or dis- 
tricts so consolidated shall be made by arbitration as 
provided' by law. {See Sec. 864.) 



Equalization 
of debts and 
assets. 



Article 22. — Free Text Books. 

Sec. 1027. POWER OF BOARD OF EDUCA- 
TION. — The board of trustees or board of education 
of each and every school district in the state of North 
Dakota is hereby authorized and empowered to select 
adopt and contract for all books and supplies needful 
for the school or schools under its charge ; and the 
said board of trustees or board of education shall 
have power to purchase the text books and supplies 
selected or contracted for, and provide for the loan 
free of charge or sale at cost of such text books and 
supplies to the pupils in attendance at such school or 
schools ; provided, that no adoption or contract shall 
be for a period of less than three years nor more than 
five 3^ears ; during which time the text books so se- 
lected, adopted and contracted for shall not be 
changed ; provided, further, that before any publish- 
er or publishers shall enter or attempt to enter into 
any contract for the sale of text books, as hereinbe- 
fore provided, they shall file with the superintendent 
of public instruction of the state of North Dakota a 
list of their books and the lowest prices at or for 
which they will sell any or all of such books to any 
board of trustees or board of education in the state 
of North Dakota, and they, the said publishers, shall 
deposit with the superintendent of public instruction 
a sample copy of each book so listed, which shall rep- 
resent in style of binding, mechanical execution, gen- 
eral make-up and matter the book or books they ofifer 
to sell to the board of trustees at or for the prices so 
listed and in no case shall prices be raised above sai'd 



Free text 
books. 



No change 
within 3 years. 



Publishers to 
file price lists. 



And deposit 
sample — 
where. 



136 GENERAL SCHOOL LAWS 

listed prices as filed. It shall be the duty of the sup- 
erintendent of public instruction to furnish a certified 
copy of the list of books and prices filed in accordance 
with the provisions of this section to the district clerk 
of each common school district in the state of North 
Dakota. 

.Sec. 1028. FREE TEXT BOOKS PROVIDED. 
WHEN. — Whenever in the judgment of the board 
it is desirable or necessary to the welfare of the 
schools in the district or to provide for the children 
. therein better school privileges, or whenever peti- 
rree books— tioued SO to do by two-thirds of the voters in the dis- 
vided. trict, the board shall provide free text books and sup- 

plies for all schools under its charge, in such ' man- 
ner as hereinbefore provided. All books purchased 
in accordance with the provisions of this article shall 
be paid for out of the school funds of the respective 
districts, and it shall be the duty of the school dis- 
tricts and school boards to see that sufficient funds 
are raised and set aside for the purpose of this arti- 
cle. The clerk of each district shall also keep a rec- 
ord of all books furnished to the schools in the dis- 
trict. 

Article 33. — ^Purchase of Flags for School Dis- 
tricts. 

Sec. 1029. UNITED STATES FLAG TO BE 

DISPLAYED. — The school board of any city, town 

fla^^'^^to be^^dls- ^^ district, is authorized and required to purchase at 

played— when, the cxpcnsc of the city, town or district one or more 

• flags of the United States, which shall be displayed 

in reasonable weather, upon the school houses or 

flagstafifs upon the school grounds during the school 

hours of each day's session of school, and a failure to 

Failure— pen- Comply with the provisions of this article on the part 

^^^ °'^' of any board of education or district school board. 

shall be sufficient grounds for removal of members of 

such board from office. 

Library Commission. 

Chapter ij6 Session Lazvs of ipop. 

Sec. 1. COMMISSION CREATED.— There is 
members. °^ hereby created a state public library commission con- 
sisting of five members. 



STATE OF NORTH DAKOTA 



137 



Of whom 
composed. 
Governor ap- 
points two 
members. 



TerA of office. 



Sec. 2. ; COMMISSION, OF WHOM COM- 
POSED. — The state superintendent of public instruc- 
tion, the secretary of the state historical society and 
the president of the state library association are here- 
by constituted members, ex officio, of the said state 
library commission ; and the governor of the state 
shall appoint, as soon as practicable after the passage 
and approval of this act, two suitable persons within 
the state as members of the said state library commis- 
sion, which appointments shall be confirmed by the 
senate. The commission shall elect its own officers 
from among its own members and shall also have the 
power to select a competent person to have control of 
the work and who shall be known as the secretary of 
the library commission and director of library exten- 
sion. 

Sec. 3. TERM OF OFFICE OF APPOINTED 
MEMBERS. — The members appointed by the gov- 
ernor shall hold office as follows : One for four 
years from April 1, 1909, and one for six years from 
April 1, 1909, and until their successors are appointed 
and qualified. Appointments made thereafter shall 
be for the full term of six years each ; provided, that 
in case of appointment to fill a vacancy caused by res- 
ignation, death or removal, the appointment shall be 
made for the unexpired term of the member whose 
death, resignation or removal caused the vacancy. 

Sec. 4. EXPENSES OF MEMBERS AL- 
LOWED. — No member of said state library commis- 
sion shall ever receive any salary or per diem or com- 
pensation of any kind for services as membe'rs of such Expenses 
commission. Members of the state library commis- 
sion shall be allowed and paid necessary -traveling ex- 
penses in attending meetings of the commission or in 
visiting or establishing libraries, and other incidental 
and necessary expenses connected with the work of 
the commission. 

Sec. 5. DUTIES. — The state library commission 
on and after its creation and organization, shall take 
over and add to the educational reference library and 
the system of traveling libraries, and shall continue 
the same, and, as its funds permit, shall increase the 
number and usefulness of the libraries. Any city, 
town, village, school district or community within the 
state of North Dakota may borrow books under the 
rules and regulations of the state library commission. 



Duties. 



138 



GENERAL SCHOOL LAWS 



Librarian to as- 
sist in the es- 
tablishment of 
libraries. 



Report. 



The commission shall catalogue and otherwise pre- 
pare said books for circulation and shall make rules 
and regulations according to which the business of 
the commission shall be done; and also such rules 
and regulations as shall insure the care, preservation 
and safe return of all books loaned. ' The state li- 
brary commission shall have the power and it shall be 
its duty to establish a legislative reference bureau for 
the information and assistance of the members of 
the legislative assembly in the work of legislation. 
The legislation of other states and information upon 
legal and economic questions shall be classified and 
catalogued in such a way as to render the same easy 
of access to members, thereby enabling them better 
to prepare for their work. It shall be the duty of 
the legislative librarian to assist in every way pos- 
sible the members of the legislative assembly in ob- 
taining information and in the preparation of bills. 

Sec. 6. COMMISSION GIVES ADVICE AND 
AID. — The librarian or trustees of any free public 
library or the trustees of any village, town or com- 
munity, entitled to borrow books from said traveling 
libraries may, without charge, ask and receive advice 
and instruction from said library commission upon 
any matter pertaining to the organization, mainten- 
ance or administration of the libraries, and said com- 
mission shall, as far as possible, promote and assist by 
counsel and encouragement, the formation of librar- 
ies where none exist, and the commission may also 
send its members to aid in organizing new libraries 
or improving those already established. 

Sec. 7. STATISTICS KEPT. PUBLISH 
REPORT. — The state library commission shall keep 
statistics of the free public libraries of North Da- 
kota and a record of the work done and books loaned 
by said commission, and shall make a full report to 
each general session of the legislature of all expendi- 
tures by the commission, and of such statistics and 
records as shall show the work done by the commis- 
sion, the use made of the traveling libraries, and of all 
other matters which they deem expedient for the in- 
formation of the legislature, and the printing of 
which, and all other printing coming within the pur- 
view of the library commission, shall be paid for out 
^of the general printing fund of the state. 



STATE OF NORTH DAKOTA 



139 



Office room to 
be provided. 



Sec. 8. OFFICES PROVIDED.— There shall 
be provided in the capitol building adequate ofifice 
room, to be furnished in the same manner as other 
offices therein are furnished, for the state library 
commission, with such suitable quarters as may be 
necessary for the proper shelving of the educational 
reference library, the books of the traveling librar- 
ies and the legislative reference collection. 

Sec. 9. APPROPRIATION.— There is hereby 
appropriated for the use and purposes of the state 
library commission any unexpended balances in the 
funds appropriated for the educational reference li- Appropriation. 
brary and traveling libraries, and also an annual ap- 
propriation of seven thousand eight hundred dollars 
out of any moneys in the state treasury not otherwise 
appropriated. 

Sec. 10. REPEAL. — All acts or parts of acts I'n 
conflict with the provisions of this act are hereby re- 
pealed, especially any acts or parts of acts carrying 
any appropriations for the so-called educational ref- 
erence library and traveling libraries. 



Repeal. 



Article 25. — High School Board. 

Sec. 1031. HIGH SCHOOL BOARD.— The 
governor, superintendent of public instruction and 
president of the state university are hereby consti- 
tuted a board of commissioners on preparatory 
schools for the encouragement of higher education in 
the state. Said board shall be called the "High 
School Board," and shall perform the duties and have 
and exercise the powers hereinafter mentioned. 

Sec. 1032. SCHOOLS CLASSIFIED.— Any 
public graded school in any city or incorporated vil- 
lage or township, organized into a district, under the 
township or district system, which shall give instruc- 
tion according to the terms an9 provisions of this ar- 
ticle and shall admit students of either sex from any 
part of the state without charge for tuition, shall be 
entitled to be classified as a state high school and to 
receive pecuniary aid as hereinafter specified ; provid- 
ed, however, that no such school shall be required to 
admit non-resident pupils unless they *pass an exam- 
ination in orthography, reading in English, penman- 
ship, arithmetic, grammar, modern geography and the 
history of the United States. 



High school 
board — of 
whom com- 
posed. 



State high 
school — what 



Examination 
for admission 
into. 



140 



GENERAL SCHOOL LAWS 



Sec. 1033. REQUIREMENTS FOR CLASSI- 
FICATION.— The said board shall receive of the 
schools applying for such pecuniary aid as prerequi- 
site to receiving such aid, compliance with the fol- 
lowing conditions, to-wit : 

1. That there be regular and orderly courses of 
study, embracing all the branches prescribed by the 
said board for the first two years of the high school 
course. 

2. That the said school receiving pecuniary aid 
under this article shall at all times permit the said 
board of commissioners, or any of them, to visit and 
examine the classes pursuing the said preparatory 
courses. 



Condit'ons up- 
on which state 
aid is granted. 



Course of 
study. 



Visitation. 



State aid to ap- 
proved schools. 



Amount of aid. 



Sec. 1034. ( Amended.) SCHOOLS VISITED 
ONCE EACH YEAR. WHAT SCHOOLS TO 
RECEIVE STATE AID. APPROPRIATION.— 
The high school board shall cause each school re- 
ceiving aid under this article to be visited at least 
once each year, by a committee of one or more mem- 
bers, or by some person designated by the high school 
board, who shall carefully inspect the instruction and 
discipline of the preparatory classes and make a writ- 
ten report on the same immediately; provided, that 
no money shall be paid in any case until after such 
report shall have been received and examined by the 
board and the work of the school approved by the 
board. The said board shall receive applications from 
such schools for aid as hereinafter provided, which 
applications shall be received and acted upon in order 
of their reception. The said board shall apportion 
to each of said schools, which shall have fully com- 
plied with the provisions of this article, and whose 
application shall have been approved by the board, the 
following sums, to-wit : Eight hundred dollars each 
year to each school maintaining a four years' high 
school course and doing four years' high school work. 
The sum of five hundred dollars each year to each 
school having a three years' high school course and 
doing three years' high school work. The sum of 
three hundred dollars each year to each school having 
a two years' high school course and doing two -years' 
high school work; provided, that the moneys so ap- 
propriated to any high school shall be used to increase 
the efficiency of the high school work; provided, that 
not more than forty per cent of the money appropriat- 



STATE OF NORTH DAKOTA 



141 



Appropriation. 



ed must be used in any one year for libraries, labora- 
tories and other apparatus and equipment; provided, 
further, that the total amount of apportionment and 
exipenses under this article shall not exceed forty-five 
thousand dollars in one year. The sum of forty-five 
thousand dollars is hereby appropriated annually for 
the purposes of this article, to be paid out of any mon- 
eys in the state treasury, not otherwise appropriated, 
which amount, or so much thereof as may be neces- 
sary, shall be paid upon the itemized vouchers of 
said board, duly certified and filed with the state aud- 
itor; provided, however, that in case the amount ap- 
propriated and available under this article for the pay- 
ment of aid to such schools shall in any year be in- 
sufficient to apportion each of such schools as are en- 
titled thereto the full amount intended to be appor- 
tioned to the high schools of the various classes^ then, 
in such case such amount as is apportioned and avail- 
able shall be apportioned pro rata among the schools 
entitled thereto. 

Sec. 1035. NO COMPENSATION. EXPENS- 
ES. — The members of the board shall serve without 
compensation, but the actual and necessary expenses 
of the board, any clerical officer of the board, or an 
examiner shall be paid in the same manner as those 
of state officers ; provided, that the total expense, in- 
cluding the apportionment to the schools aforesaid 
shall not exceed forty-five thousand dollars in any 
one year. 

Sec. 1036. (Amended.) DISCRETIONARY 

POWERS. ASSISTANT EXAMINER.— The 
high school board shall have full discretionary power 
to consider and act upon applications of schools for 
state aid and to prescribe conditions upon which said 
aid shall be granted, and it shall be its duty to accept 
and aid such schools only as will, in its opinion, if aid- 
ed, efficiently perform the service contemplated by 
law ; but in each county five schools complying with 
the prescribed conditions shall have a right to aid from 
this appropriation before aid may be granted to a 
sixth school in any county. Any school once accept- 
ed and continuing to comply with the law and reg- 
ulations of the board made in pursuance thereof shall 
be aided not less than three years. The board shall 
have power to establish any necessary and suitable 



Funds pro- 
rata if appro- 
priation insuf- 
ficient. 



Actual ex- 
penses only, 
to board. 



Appropriation 
limited. 



Discretion of 
board. 



Three schools. 



Rules and 
regulations. 



142 



GENERAL SCHOOL LAWS 



rules and regulations relating to examinations, re- 
Assistant exam- ports, acceptance and classification of schools, courses 
of study and other proceedings under tnis article. Any 
assistant examiner appointed by the high school board 
as authorized by law shall be entitled to receive such 
compensation as the board may allow, not exceeding 
three dollars per day ; provided, that no such compen- 
sation shall be paid to any person receiving a salary 
from the state or from any state institution. 



No compensa- 
tion — to whom. 



Records and 
reports. 



Water closets 



Duties of 
school officers 
thereto. 



Expenses. 



Stables. 



Sec. 1037. SHALL KEEP RECORD.— The said 
board shall keep a record of all the proceedings and 
shall make on or before the first day of December in 
each year, a report, covering the previous school year, 
to the superintendent of public instruction, showing in 
detail all receipts and disbursements, the names and 
number of schools receiving aid, the number of pupils 
attending the classes in each, to which report they 
may add such recommendations as they may deem 
useful and proper. 

Article 26. — Health and Decency in Public 
Schools. 

Sec. 1038. DUTY OF BOARDS OF EDUCA- 
TION. — It shall be the duty of all boards of educa- 
tion and district school boards in this state to provide 
suitable and convenient water closets or privies for 
each of the schools under their charge, at least two in 
number, which shall be entirely separate each from 
the other, and having separate means of access ; and 
it shall be the duty of the school officers aforesaid to 
keep the same in a clean, chaste and wholesome con- 
dition ; and a failure to comply with the provisions of 
this article on the part of any board of education or 
district school board, shall be sufficient grounds for 
removal from office and for withholding from any 
district any part of the public moneys of the state. 
The expense incurred by the officers aforesaid in 
carrying out the requirements of this article shall be a 
charge upon the district, when such expense shall have 
been approved by the county superintendent of schools 
of the county within which the school district is lo- 
cated and a tax may be levied therefor without a vote 
of the district. 

Sec. 1039. STABLES IN RURAL DISTRICTS. 
HITCHING POSTS.— If in any rural school district, 



STATE OF NORTH DAKOTA 143 

a petition signed by the persons charged with the sup- 
port and having the custody and care of eight or more 
children of school age is presented to the school board 
asking for the building of a suitable stable upon the 
school site, the board shall provide such stable with- 
out unnecessary delay. It shall be the duty of the 
school board in rural districts to provide four substan- Hitching posts, 
tial hitching posts for each school site in the district. 

Pool Rooms. 

{Chapter i^o Session Lazvs of ipop.) 

Sec. 1. {Amendment.) Chapter 128 of the laws 
of 1907, being an amendment of section 8983 of the 
revised codes of North Dakota, 1905, be and the same 
is hereby amended and re-enacted to read as follows: 

Sec. 8983. MINORS NOT ALLOWED IN 
CERTAIN PUBLIC PLACES. PENALTY.— It 
shall be unlawful for any owner or keeper of any pool 
or billiard hall, or any bowling alley or any temper- 
ance saloon, or any place under any name whatever 
where the games of pool, billiards, bowling or cards 
are played, to allow any person under the age of 
eighteen years or any person attending a local high 
school to either play any of the games mentioned or 
to be employed in said places or be allowed to visit 
said places, unless accompanied by parent or guar- 
dian. Any person found guilty of violating this sec- 
tion shall be punished by a fine of not less than five 
dollars or more than fifty dollars, or by imprisonment 
in the county jail not to exceed thirty days, or both 
such fine and imprisonment. 

Sec. 2. All acts or parts of acts in conflict here- 
with are hereby repealed. 

Bonds of Brightwood School District Author- 
ized. 

{Chapter 20 j Session Lazvs of iQop.) 

Sec. 1. {Amendment.) Section eighteen of a 
bill for an act to create certain territory now within 
the school township of Brightwood, Richland county, 
D. T., as an independent school district, to be known 
as Brightwood Independent District Number One, 
Richland county. North Dakota, passed February 16, 
1885, be and the same is hereby amended to read as 
follows : 



Minors not to 
enter. 



144 GENERAL SCHOOL LAWS 

Sec. 18. MAY ISSUE BONDS.— The board of 
education of said district are authorized and empow- 
ered, and it shall be their duty, whenever the said 
board shall deem it necessary in order to an efficient 
organization and establishment of schools m said 
district, and when the taxes authorized by this act 
— shall not be sufficient, or shall be deemed by the said 

board burdensome upon the taxpayers of said district, 
from time to time to issue bonds of said district, in 
Brightwood dis- the denominations of not less than one hundred dol- 
bonds.™^^ *^^"^ lars, payable in not less than ten years after date, and 
bearing interest at the rate of not to exceed eight per 
cent per annum, payable annually on the first day of 
July, and upon their face to show they are issued for 
school purposes, and cause the same to be sold and 
negotiated at not less than par value; and the money 
realized therefrom deposited with the 'district treas- 
urer to the credit of the said board of education ; and 
when any bonds shall be so negotiated it shall be the 
duty of the said board of education of said district 
to provide by tax for the payment of the principal and 
interest of said bonds; provided, ~ however, that at no 
time shall the aggregate amount of bonds issued un- 
der the provisions of this act exceed fifty mills on the 
dollar of the assessed valuation of the property of said 
district. 

Municipal Refunding Bonds, 

(Chapte'r ^4, Lazvs of 190^.) 

Sec. 2992. WHAT CORPORATION MAY IS- 
SUE. — Each incorporated town or village, school dis- 
trict or township in this state, that has heretofore 
issued, or shall hereafter issue bonds, purporting to 
have been issued for any purpose authorized by law, 
School districts which bonds have been actually sold and delivered to 
may refund purchasers for value, so that the same constitute a 
valid and existing indebtedness, may at any time after 
maturity or before maturity, with the consent of the 
holder, and while said bonds are a valid and existing 
indebtedness against such town or village, school dis- 
trict or township, refund the same and issue and nego- 
tiate new bonds for the amount of such indebtedness 
or any part thereof. 

Sec. 2993. AUTHORITY FOR ISSUE.— The 
necessity for issuing and negotiating bonds under the 
provisions of this act shall be determined as follows : 



STATE OF NORTH DAKOTA 



145 



In case of incorporated towns or villages, by the 
board of trustees. 

In case of school districts, by the board of school 
directors. 

In case of townships, by the board of supervisors. 

Sec. 2994. BONDS, HOW ISSUED.— When in 
the judgment of the board of any of the municipal 
corporations herein enumerated, it shall be deemed to 
be to the best interests of such municipal corporations 
to issue its negotiable bonds in the name of such cor- 
poration for the purpose of refunding or paying the 
outstanding bonded indebtedness of such corporation, 
as enumerated in section 2992, refunding bonds may 
be issued by resolutions duly and legally passed at a 
regular or special meeting of such board. Such 
bonds may be signed the same as the bonds refunded 
or by such officers of the municipal corporation issu- 
ing the same as may be designated in the resolutions 
providing for their issuance. Such bonds shall be 
made payable in not less than five and not more than 
twenty years from the date of their issue, and shall 
not draw a higher rate of interest than the bonds re- 
funded. Such bonds shall be in such denominations 
as shall be designated in the resolutions authorizing 
their issuance, shall bear the date of their issue and 
date of maturit}'' and shall recite on their face that they 
are issued under and by authority of this act, and shall 
be payable to the purchaser or bearer, and shall have 
interest coupons attached to each bond representing 
interest payment. 

Sec. 2995. BONDS MAY BE EXCHANGED 
OR SOLD. — Said bonds may be exchanged at par 
for an equal amount of the old bonds of said munici- 
pal corporation with the holder of said indebtedness, 
or may be sold by the board at not less than their par 
value and the proceeds applied solely to the payment 
of the indebtedness for which they are issued. 

Sec. 2996. BONDS TO BE REGISTERED BY 
THE TREASURER.— A record of each and every 
bond issue under this act shall be kept by the treasurer 
of the municipal corporation issuing the same, show- 
ing the number of each bond, its date, amount, rate 
of interest, date due, where payable and to whom sold. 

Sec. 2997. TAX TO BE LEVIED.— The reso- 
lutions authorizing the issuance of such bonds shall 
provide for the levy and collection of an annual tax 



Necessity de- 
termined by 
school board. 



School boards 
may issue. 



Proceeds used 
only for pur- 
pose for which 
issued. 



Treasurer to 
keep register. 



-10- 



146 



GENERAL SCHOOL LAWS 



sufficient to pay the interest and principal of such 
bonds, as provided by section 184 of the constitution, 
and tlie fund arising from such tax levy shall be kept 
by the treasurer of such corporation in a special fund 
to be used solely for the payment of the interest and 
principal of such bonds. 



Sinking fund. 



Issue limited. 



Negotiable. 



Sec. 2998. LIMIT OF ISSUE.— No more of 
such bonds shall be issued than are necessary for the 
purpose of paying the outstanding bonds of the mu- 
nicipal corporation issuing the same, as stated in sec- 
tion 2992, after applying the cash in the treasury 
available for the payment of the said maturing bonds, 
and no bonds issued under authority of this act shall 
be issued or negotiated for less than their par value. 

.Sec. 2999. BONDS NEGOTIABLE, WHEN.— 
Bonds issued in substantial conformity with the pro- 
visions of this act, shall in the law be deemed nego- 
tiable. 



University 
established at 
Grand Forks. 



Governed by 
board of trus- 
tees. 



Wm. Budge, 
life member. 



Term. 



Trustees ap- 
pointed by 
Governor. 



CHAPTER 10 

EDUCATIONAL AND CHARITABLE INSTI- 
TUTIONS. 

Article 1. — University of North Dakota. ■ 

Sec. 1040. UNIVERSITY, WHERE LOCATED. 
— The university of North Dakota as now established 
and located at the city of Grand Forks shall continue 
to be the university of the state. {Sec. 21^, sub. 2.) 

(Sec. 1041. BOARD OF TRUSTEES TO GOV- 
ERN. — The government of such university shall be 
vested in a board of trustees consisting of five mem- 
bers, of which the Hon. William Budge, for and dur- 
ing his good pleasure, as an honorary member with 
all rights and powers of a member of said board, shall 
be one of said board ; the remaining members thereof 
to be appointed by the governor, by and with the ad- 
vice and consent of the senate, and shall hold their 
offices for the term of four years commencing on the 
first Tuesday in April next succeeding their appoint- 
ment. 

Sec. 1042. GOVERNOR TO NOMINATE. 
VACANCIES, HOW FILLED.— The governor 
shall nominate and, by and with the advice and con- 
sent of the senate, appoint during each regular session 



STATE OF NORTH DAKOTA 



147 



of the legislative assembly trustees of such university 
in the place of those whose terms shall thereafter first 
expire, and such trustees shall hold their office until 
their successors are appointed and qualified ; provided, 
that the governor shall fill any vacancy in such board 
by appointment to extend only until the first Tuesday 
in April succeeding the next regular session of the 
legislative assembly ; and provided further, that the 
governor shall during the next regular session nomin- 
ate and, by and with the advice and consent of the 
senate, appoint some person to fill such vacancy for 
the remainder of the term unexpired. Not more than 
two members of the board shall be appointed from the 
same countv. 



Sec. 1043. POWERS AND DUTIES OF BOARD. 
— The board of trustees shall possess all the powers 
necessary to accomplish the objects artd perform the 
duties prescribed by law, and shall have the custody of 
the books, records, buildings and all other property of 
such university. The board shall elect a president 
and a secretary who shall perform such duties as may 
be prescribed by the by-laws of the board. The sec- 
retary shall keep a correct record of all transactions 
of the board, and the committees thereof, and in ad- 
dition to performing the duties of secretary, he shall 
be the superintendent of the buildings and grounds of 
the university and discharge such other duties as may 
from time to time be prescribed by the board of trus- 
tees. (See Sec. 1046.) 

Sec. 1044. MEETINGS OF THE BOARD.— 
The time for the election of the president and secre- 
tary of such board and the duration of their respective 
terms of office, the time for holding the regular annual 
meeting, and such other meetings as may be required, 
and the manner of giving notice of the same shall be 
determined by the board. Four members shall con- 
stitute a quorum for the transaction of business, but a 
less number may. adjourn from time to time. 

Sec. 1045. NUMBER OF MEETINGS LIM- 
ITED. — Such board shall not hold more than twelve 
sessions I'n any year and such sessions shall not ex- 
ceed twenty- four days in the aggregate ; but the gov- 
ernor may in his discretion authorize additional ses- 
ions. 

Sec. 1046. GOVERNMENT OF UNIVERSITY. 
POWERS OF TRUSTEES.— The board of trustees 



Vacancies — 
how filled. 



Trustees from 
same county. 



Powers of 
board. 



Officers and 
records. 



Secretary to 
be superinten- 
dent of build- 
ings and 
grounds. 



Meetings. 



Ouorvim. 



Limitation on 
meetings. 



148 



GENERAL SCHOOL LAWS 



shall adopt rules for the government of the university 
in all its branches ; elect a president and the requisite 
number of professors, instructors, officers and em- 
ployes, fix the salaries and the terms of office of each 
and determine the moral and educational qualifica- 
tions of applicants for admission to the various 
courses of instruction ; but no instruction, either sec- 
tarian in religion or partisan in politics shall ever be 
allowed in any department of the university, and no 
sectarian or partisan test shall ever be allowed or ex- 
ercised in the appointment of trustees, or in the elec- 
tion of professors, teachers or other officers of the 
university, or in the admission of students thereto or 
for any purpose whatever. Such board shall have 
power to remove the president, or any professor, in- 
structor or officer of the university when in its judg- 
ment the interests of the university require it. The 
board may prescribe rules and regulations for the 
management of the library, cabinets, museum, labor- 
atories and all other property of the university and of 
its several departments, and for the care and preser- 
vation thereof, with suitable penalties and forfeitures 
by way of damages for their violation, which may be 
sued for and collected in the name of the board before 
any court having jurisdiction. 

Sec. 1049- BOARD MAY EXPEND INCOME. 
— The board is authorized to expend such portion of 
the income of the university fund as it may deem ex- 
pedient for the erection of suitable buildings and the 
purchase of apparatus, a library, cabinets and addi- 
tions thereto ; and if deemed expedient, it may unite 
with the university as a branch thereof any college in 
the state, upon aipplication of its board of trustees ; 
and such college so received shall become a branch of 
the university and be subject to visitation by the trus- 
tees. 



Trustees elect 
faculty. 



Instruction to 
be non-sectar- 
ian and non- 
partisan. 



Removal of pro- 
fessors. 



Rules and 
regulations 
for manage- 
ment of prop- 
erty. 



Erection of 
buildings. 



Purchase of 
apparatus. 



Unite with 
other colleges. 



Board to re- 
port to gover- 
nor — what and 
when. 



Sec. 1048. BOARD TO MAKE REPORT, 
WHEN. — At the close of each fiscal year the trustees 
through their president shall make a report in detail 
to the governor, exhibiting the progress, condition and 
wants of each of the colleges embraced in the univer- 
sity, the course of study in each, the number of pro- 
fessors and students, the amount of receipts and dis- 
bursements, together with the nature, cost and results 
of all important investigations and experiments and 
such other information as they may deem important, 



STATE OF NORTH DAKOTA 



149 



Distribution 
reports. 



of 



President of 
university — 
powers. 



one copy of which shall be transmitted free by the 
governor to each college endowed under the provi- 
sions of the act of congress entitled "An act donating 
land to the several states and territories which provide 
colleges for the benefit of agriculture and mechanic 
arts," approved July 2, 1863, and also one copy to the 
secretary of the interior. (See Sec. i6o8.) 

Sec. 1049. POWERS OF THE PRESIDENT 
AND FACULTY. — The president of the university 
shall be president of the several faculties and the exe- 
cutive head of the instructional force in all its depart- 
ments ; as such, he shall have authority, subject to the 
power of the board of trustees to give general direc- 
tions respecting the instruction and scientific investi- 
gation of the several colleges, and so long as the in- 
terests of the institution require it he shall be charged 
with the duties of one of the professorships. The 
immediate government of the several colleges shall be 
intrusted to their respective faculties, but the trustees 
shall have the power to regulate the course of instruc- 
tion and prescribe the books or works to be used in 
the several courses, and also confer such degrees and 
grant such diplomas as are usual in universities, or as 
they shall deem appropriate, and to confer upon the 
faculty, by by-laws the power to suspend or expel stu- 
dents for misconduct or other causes prescribed in 
such bv-laws. 



Faculties — 
powers. 



Sec. 1050. OBJECT AND DEPARTMENTS 
OF THE UNIVERSITY.— The object of the uni- 
versity shall be to provide the means of acquiring a 
thorough knowledge of . the various branches of 
learning connected with scientific, industrial and pro- 
fessional pursuits, m the instruction and training of 
persons in the theory and art of teaching, and also in- 
struction in the fundamental laws of this state and of 
the United States in regard to the ris^hts and duties of 
citizens, and to this end it shall consist of the follow- 
ing branches or departments. 

1. The college or department of arts. 

2. The college or department of letters. 

3. The teachers' college. 

4. The school of mines, the object of which shall 
be to furnish facilities for the education of ^uch per- 
sons as may desire to receive instructions in chemis- 
try, metallurgy, mineralogy, geology, mining, milling 
and engineering. 



Object of 

versity. 



Departments: 
Arts. 
Letters. 
Normal. 



Mines. 



150 



GENERAL SCHOOL LAWS 



Military. 



5. The military department or school, the object 
of which shall be to instruct and train students in the 
manual of arms and such military maneuvers and tac- 
tics as are taught in military colleges. 

6. Such professional or other colleges or depart- 
ments as now are or may from time to time be added 
thereto, or connected therewith, and the board of trus- 
tees is hereby authorized to establish such profession- 
al and other colleges or departments as in its judg- 
ment may be deemed necessary and proper, but no 
money shall be expende'd by the board in estabhshing 
and organizing any of the additional colleges or de- 
partments provided for in this section, until an appro- 
priation therefor shall have first been made. 



Professional 
Departments. 



Courses o£ 
Instruction — 
What to em- 
brace. 



Scandinavian 
language. 



Open to both 
sexes. 



Sec. 1051. COURSES OF INSTRUCTION.— 
The college or department of arts shall embrace 
courses of instruction in mathematical, physical and 
natural sciences, with their application to industrial 
arts such as agriculture, mechanics, engineering, min- 
ing, and metallurgy, manufactures, architecture and 
commerce and such branches included in the college 
of letters as shall be necessary properly to fit the pupils 
in the scientific and practical courses for their chosen 
pursuits, and in military tactics. In the normal de- 
partment the proper instruction and learning in the 
theory and art of teaching and in all the various 
branches and subjects needful to qualify for teaching 
in the common schools ; and as soon as the income of 
the university will allow, in such order as the wants 
of the public shall seem to require, the courses of sci- 
ences and their application to the practical arts shall 
be expanded into distinct colleges of the university, 
each with its own faculty and appropriate title. • The 
college of letters shall be co-existent with the college 
of arts and shall embrace a liberal course of instruc- 
tion in languages, literature and philosophy, together 
with such courses or parts of courses in the college of 
arts as the trustees shall prescribe. 

Sec. 1052. SCANDINAVIAN LANGUAGE 
TAUGHT.— It shall be the duty of the trustees to 
cause to be taught at said institution the Scandinavian 
language, and for that purpose shall employ as one of 
the teachers of such institution a professor learned in 
that language. 

Sec. 1053. PUPILS, WHO MAY BECOME. 
— The university shall be open to students of both 



STATE OF NORTH DAKOTA 



151 



sexes under such regulations and restrictions as the 
board of trustees may deem proper, and all able bodied 
male students of the university may receive instruc- 
tion and discipline in military tactics, the requisite 
arms for which shall be furnished by the state. 

jSec 1054. GRADUATES ENTITLED TO 
CERTIFICATES TO TEACH.— After any person 
has graduated at the university, and after such grad- 
uation has successfully taught a public school m this 
state for sixteen months, the superintendent of public 
instruction shall have authority and it shall be his duty 
to countersign the diploma of such teacher if upon ex- 
amination he is satisfied that such person has a good 
moral character and is possessed of sufficient learn- 
ing and abilitv to teach. Any person holding a di- 
ploma granted bv the board of trustees of such uni- 
versity, certifving that the person holding the sanie 
has graduated from such university, shall after his 
diploma has been countersigned by the superintendent 
of public instruction as aforesaid, be deemed qualified 
to teach any of the public schools in the state, and 
such diploma shall be a certificate of such qualifica- 
tion until annulled by the superintendent of public 
instruction. 

Sec. 1055. TUITION FEES.— No student who 
shall have been a resident of the state for one year 
next preceding his admission shall be required to pay 
any fees for tuition in the university, except in the law 
department and for extra studies. The trustees may 
prescribe rates of tuition for any pupil in the law 
department, or who is not a resident as aforesaid, 
and for teaching extra studies. 

Sec. 1056. COMPENSATION OF TRUSTEES. 
— Tne trustees shall be entitled to receive the sum of 
three dollars per day for each day employed in attend- 
ance upon sessions of the board and all traveling ex- 
penses necessarily incurred thereby. Upon the 
presentation of the proper vouchers containing an 
itemized statement of the number of days attendance 
and monev actually expended as above specified, duly 
verified by the oath of the trustee and certified by the 
• president and secretary of the board, the state auditor 
shall audit such claim and draw his warrant upon the 
state treasurer for the amount allowed. 

Sec. 1057. TRUSTEES TO MAKE RULES 
AND BY-LAWS.— The board of trustees shall make 



Diploma to be 
indorsed by 
state sulperin- 
tendent — 
when ; effect 
of such in- 
dorsement. 



Revocation. 



Tuition — who 
to pay and 
for what. 



Trustees- 
compensation 
of. 



Trustees to 
prescribe rules 
of government. 



152 



GENERAL SCHOOL LAWS 



Examinations 
for admission. 



Normal stu- 
dents to file 
declaration of 
intention to 
teach. 



Salaries of 
teaching force 
— trustees to 
fix and certify. 



rules, regulations and by-laws for the government 
and management of the university and of each de- 
partment thereof. It shall also prescribe rules, regu- 
lations and by-laws for the admission of students ; but 
each applicant for admission must undergo an exam- 
ination to be prescribed by the board, and shall be re- 
jected if it shall appear that he is not of good moral 
character. The board shall also require each appli- 
cant for admission in the normal department, other 
than such as shall, prior to admission, sign and file 
with such board a declaration of intention to follow 
the business of teaching in the common schools of this 
state for at least one year, to pay such fees for tuition 
as the board may deem proper and reasonable. 

iSec. 1058. SALARIES.— The board of trustees 
shall from time to time fix the salary of the president, 
professors and teachers of such university, and shall 
certify the same to the state auditor. Such board 
shall also from time to time certify to the state aud- 
itor the amount due such persons for salary, and the 
state auditor shall draw his warrants upon the state 
treasurer for the amounts so certified. 

Sec. 1059. SECRETARY OF STATE TO FUR- 
NISH LAWS.— The secretary of state shall deliver 
to the university fifty copies of each volume of the 
general and special laws of the state, and the reports 
of the decisions of the supreme court, hereafter pub- 
lished, for use in the way of exchanges and otherwise 
in the establishment and maintenance of a law library 
for the law department of such university. 

Sec. 1060. SUPREME COURT 'REPORTS, 
HOW OBTAINED.— He shall procure for the pur- 
pose aforesaid from the publishers of the supreme 
court reports fifty copies of each volume thereof 
hereafter published, in addition to the number author- 
ized for other purposes, to be paid for at the same 
price and in the same manner as such reports are de- 
livered to the secretary for other purposes. 

Sec. 1061. LOAN OF MUSKETS AUTHOR- 
IZED. — ^The adjutant general or whoever may be in 
charge of the state arms shall, under the direction of 
the governor, loan to the board of trustees of such 
university one hundred muskets and accoutrements or 
as many as can be spared, not exceeding that number, 
the same to be used for drill purposes, by the students 
of such universitv. 



Official publi- 
cations to be 
furnished. 



Reports of 
supreme court. 



Loan of mus- 
kets , etc. 



STATE OF NORTH DAKOTA 



153 



'Sec. 1062. MUSKETS, WHEN RETURNED. 
— In case such arms and accoutrements are needed 
•by the state at any time, the governor or adjutant 
general under his instruction may call in the same and 
the trustees of such university shall immediately turn 
the same over to such officer in good condition. 

Sec. 1063. GEOLOGICAL SURVEY. DUTY 
OF TRUSTEES.— It shall be the duty of the board 
of trustees of the university to cause to be begun as 
soon as may be practicable, and to carry on a thorough 
geological and natural history survey of the state. 

Sec. 1064. EXTENT OF THE SURVEY.— The 
geological survey shall be carried on with a view to a 
complete account of the mineral kingdom, as repre- 
sented in the state, including the number, order, dip 
and magnitude of the several geological strata, their 
richness in ores, coals, clays, peats, salines and min- 
eral waters, marls, cements, building stones and other 
useful materials, the value of said subsaehces for 
economical purposes and their accessibility ; also an 
accurate chemical analysis of the various rocks, soils, 
ores, clays, peats, marls and other mineral substances 
of which a complete and exact record siiau be made. 

Sec. 1065. METEOROLOGICAL STATISTICS 
TABULATED.— The board of trustees shall also 
cause to be collected and tabulated such meteorologi- 
cal statistics as may be needed to account for the va- 
rieties of climate in the various parts of the state ; also 
to cause to be ascertained by barometrical observations 
or other appropriate means, the relative elevations and 
depressions of the different parts of the state ; and 
also on or before the completing of such surveys to 
cause to be compiled from such actual surveys and 
measurements as may be necessary an accurate map 
of the state ; which map when approved by the gover- 
nor shall be the official map of the state. 

Sec. 1066. SPECIMENS COLLECTED.— It 
shall be the duty of said board to cause proper speci- 
ments, skilfully prepared, secured and labeled of all 
rocks, soils, ores, coals, fossils, cements, building 
stones, plants, woods, skins and skeletons of animals, 
birds, insects and fishes, and other mineral, vegetable 
and animal substances and organisms discovered or 
examined in the course of said surveys, to be pre- 
served for public inspection free of cost, in the uni- 
versity of North Dakota, I'n rooms convenient of ac- 



Same to be re- 
turned when 
needed by the 
state. 



Geological and 
natural history 
survey. 



Extent of 
such survey. 



Analysis of 
minerals. 



Weather re- 
ports. 



Official map. 



Museum to be 
maintained. 



154 



GENERAL SCHOOL LAWS 



Geological map, 



cess and properly warmed, lighted, ventilated and fur- 
nished, and in the charge of a proper scientific cura- 
tor; and they shall, also, whenever the same may be 
practicable, cause duplicates in reasonable numbers 
and quantities of the above named specimens, to be 
collected and preserved for the purpose of exchange 
with other state universities and scientific institutions, 
of which latter the Smithsonian institution at Wash- 
ington shall have the preference. 

Sec. 1067. ' MAP OF THE STATE.— The board 
shall cause a geological map of the state to be made 
as soon as may be practicable, upon which by colors 
and other appropriate means and devices the various 
geological formations shall be represented. 

Sec. 1068. ANNUAL REPORT OF TRUS- 
TEES. — It shall be the duty of the board, through 
its president, to make on or before the second Tues- 
day in December of each year, a report showing the 
progress of said surveys, accompanied by such maps, 
drawings and specifications as may be necessary and 
proper to exemplify the Same to the governor, who 
shall lay the same before the legislative assembly, and 
the board upon the completion of any separate portion 
of any of the said surveys shall cause to be prepared 
a memoir or final report which shall embody in a con- 
venient manner all useful and important information 
accumulated in the course of the investigation of the 
particular department or portion ; which report or me- 
moir shall likewise be communicated through the gov- 
ernor to the legislative assembly. 

Sec. 1069. STATE GEOLOGIST.— The profes- 
sor of geology in the university shall be ex-officio 
state geologist. 



Annual report 
as to surveys. 



Governor's 
duty with ref- 
erence thereto. 



State geologist 
— who. 



Geological sur- 
vey — appro- 
priation for. 



Maintenance — 
appropriation — 
state univer- 
sity. 



Sec. 1070. APPROPRIATION FOR EXPENS^ 
ES. GEOLOGICAL SURVEY.— There is hereby 
aippropriated out of any funds in the state treasury, 
not otherwise appropriated, the sum of one thousand 
dollars annually, to meet the necessary expenses con- 
nected with the geological survey of the state, as pro- 
vided for in sections 1063 and 1064. 

Sec. 1071. ANNUAL APPROPRIATION FOR 
MAINTENANCE.— For the year 1899 and for each 
year thereafter there I's hereby appropriated out of 
any moneys in the state treasury, not otherwise ap- 
propriated, the sum of two-fifths of a mill upon the 



STATE OF NORTH DAKOTA 



155 



May lease por- 
tion of campus. 



dollar of the assessed valuation of the property as- 
sessment of the state of North Dakota, as fixed by the 
state board of equalization for the preceding year, the 
same to be paid monthly to the board of trustees of 
the university of North Dakota upon the voucher of 
said board, signed by its president. 

Leasing Portion of Campus. 

{Chapter IC/ Session Laius of ipop.) 

Sec. 1. POWER TO LEASE GRANTED.— 
The board of trustees or directors of the state uni- 
versity and school of mines, the state agricultural col- 
lege, the state industrial school, the North Dakota 
academy of science, the state school of forestry and 
the various state normal schools and such other state 
institutions of learning of the state of North Dakota 
as may hereafter be established, shall have power to 
grant leases of land of portions of the campuses of 
said institutions to student and graduate student or^ 
ganizations for the purpose of erecting and maintain- 
ing thereon student clubhouses or dormitories; pro- 
vided, that said organizations shall first have incor- 
porated under the laws of the state of North Dakota 
and shall have submitted to the board of trustees or 
directors plans and specifications of the building pro- 
posed to be erected thereon ; and, provided, further, 
that in relation to the conduct and behavior of said 
organizations and their members in and about said 
premises and the use to be made of such buildings and 
premises said organizations and their members shall, 
in each instance, be subject to the management and 
control of the board of trustees or directors, and the 
faculty of the institution upon whose lands said lease 
is granted. Such premises and improvements there- 
on shall at all times remain under the absolute and ex- 
clusive control of the state, and the state or the board 
of trustees or directors of the institution upon whose 
lands such lease shall be granted may at any time re- 
voke the same, and any such lease as may have been 
granted by any such board to any such organization 
for such purpose prior to the passage of this act is 
hereby legalized and must be considered as binding on 
the parties thereto, in so far as the same shall be I'n 
accordance with the provisions of this act and the 
constitution of this state. 



Lease may be 
revoked. 



156 



GENERAL SCHOOL LAWS 



Normal 
schools — 
where located. 



How main- 
tained. 



Article 2. — Normal Schools. 

Sec. 1074. NORMAL SCHOOLS LOCATED. 
— The normal school as established and located at the 
city of Mayville in the county of Traill, and the nor- 
mal school as established and located at the city of 
Valley City in the county of Barnes, shall continue to 
be the normal schools of the state. {:>ee Const. Sec. 
21 5, sub. 4 and /.) 

Sec. 1075. ENDOWMENT AND MAINTEN- 
ANCE. — All proceeds accumulating in the interest 
and income fund arising from the sale or rental of the 
lands granted or hereafter to be granted by the state 
of North Dakota for such normal schools, are hereby 
pledged for the establishment and maintenance of 
such schools. 

Sec. 1076. MANAGEMENT OF.— The govern- 
ment and management of such schools are vested in a 
board of trustees to be known as the board of trus- 
tees of the state normal schools, and in a board of 
management for each school to be known as the board 
of management of the normal school at Mayville, and 
the board of management of the normal school at Val- 
ley City respectively. 

Sec. 1077. BOARDS, HOW CONSTITUTED. 
— The board of management for each normal school 
shall consist of five members. The board of trus- 
tees of such normal school shall consist of twelve 
members, ten of whom shall be members of the re- 
spective boards of management as herein provided. 
The governor and superintendent of public instruction 
shall be ex-officio members of such board of trustees 
and the superintendent of public instruction shall act 
as president of such board. 

1078. TERMS OE TRUSTEES.— The governor 
shall by and with the advice and consent of the senate 
appoint during each biennial session of the legislative 
assembly, five members of such board of trustees who 
shall hold their office for four years commencing on 
the second Tuesday in April following such appoint- 
ment. The governor shall fill all vacancies therein by 
appointment for unexpired terms. At the first meeting 
of the board of management of each normal school 
the members thereof shall take and subscribe the oath 
of office required of all civil officers and shall proceed 
to elect a president (of the board) who shall. reside in 



To be man- 
aged by trus- 
tees. 



Boards — of 
how many- 
composed. 



Ex-officio 
members. 



Trustees ap- 
pointed by 
governor, for 
four years. 



Qualifications. 



STATE OF NORTH DAKOTA 



157 



Organization 
of board. 



the vicinity of such normal school, and the president 
of the school shall be the secretary of the board, but 
shall have no vote. In the absence of the secretary 
the board may select one of its members to act as sec- 
retary. The majority of the members of the board 
of management shall constitute a quorum for the 
transaction of business. (See Appendix D. — Note 
32.) 

Sec. 1079. COMMISSIONS. SECRETARY.— 
The governor shall cause to be issued to each of the 
members of the board of trustees" a commission under 
the great seal of the state, and such commission shall 
designate the board of management upon which such 
members shall serve. At the first meeting of the board 
the members thereof shall proceed to select and appoint 
a secretary of the board. A majority of the members of 
the board of trustees shall constitute a quorum for the 
transaction of business. 

Sec. 1080. MEETINGS. COMPENSATION. 
— The board of trustees shall meet at Valley City and 
at Mayville or at the seat of government at such time 
each year as may be decided upon by the board. The 
members of the board shall receive the sum of three 
dollars per day for each day employed in attendance 
upon sessions of the board of trustees, or the board of 
management, and their actual and necessary expenses 
in attending meetings of the respective boards, or in 
other duties connected therewith, which expenses shall 
be paid out of the state treasury upon the vouchers 
of the respective boards in the manner provided by 
law. The board of trustees shall not be in session 
for exceeding eight days in any one year nor either 
board of management to exceed twelve days during 
each year. The secretary of the board of trustees 
shall receive such salary as shall be determined by the 
board not exceeding one hundred dollars a year and 
his actual expenses incurred I'n attending meetings of 
the board, which shall be paid as herein provided for 
members of the board of trustees. 

Sec. 1081. TREASURER TO KEEP FUNDS. 
— All moneys arising from the interest and income 
derived from the rental and sale of the lands appro- 
priated to such schools, and all moneys that mav 
hereafter be appropriated by the state, including all 
moneys raised in any other manner for either of such 
schools, shall be deposited with the state treasurer. 



Cor 



Secretary of 
board. 



Meetings — 
when and 
where. 



Compensation. 



Maximum time. 



Salary of 
secretary. 



State treasurer 
to keep funds. 



158 



GENERAL SCHOOL LAWS 



to be by him kept in two separate funds, to be known 
as the fund of the state normal school at Mayville and 
the fund of the state normal school at Valley City, 
respectively, and such funds shall be used exclusively 
for the benefit of such schools. 



Funds kept 
separate. 



Object to 
prepare teach- 
ers. 



Course of 
study. 



Duties of 
board as to 
funds. 



Superinten- 
dent of con- 
struction. 



Audit of ex- 
penses. 



Board of man- 
agement to fix 
salaries of 
employes. 



Sec. 1082. OBJECTS OF NORMAL SCHOOLS. 
- — The objects of such normal schools shall be to pre- 
pare teachers in the science of education and the art 
of teaching in the public schools. The board of trus- 
tees, with the assistance of the respective faculties, 
shall adopt the full course of study prescribed for that 
purpose, which shall embrace the academic and pro- 
fessional studies usually taught in normal schools ; 
provided, that such academic and professional studies 
shall not extend more than two years 'beyond the 
course of study prescribed in a high school of the first 
class. Such schools shall in all things be free from 
sectarian control. 

Sec. 1083. DUTIES OF BOARD AS TO AP- 
PROPRIATIONS.— The board of management of 
each normal school shall direct the disposition of all 
moneys appropriated by the legislative assembly for 
current expenses of such school, and shall have super- 
vision and charge of the construction of all buildings 
authorized by law for such school, and shall direct the 
disposition of all moneys appropriated therefor or 
accumulating therefor as provided in this article. 
They shall have power to appoint one of their mem- 
bers superintendent of construction of all buildings, 
w^ho shall receive three dollars per day for each day 
actually and necessarily engaged in the discharge of 
his duties not to exceed fifty days in any one year, 
which sum shall be paid out of the state treasury as 
herein provided ; but all expenditures incurred under 
the direction of either of the boards aforesaid shall 
be audited and allowed by such board of management 
-and the expenditures incurred under the direction of 
the board of trustees aforesaid shall be audited and 
allowed by such board. 

Sec. 1084. SALARIES OF EMPLOYES. RE- 
PORTS. — The board of management of each normal 
school shall have the care of the buildings belonging 
to such school. It shall have the power to fix the 
salaries of employes, except members of the faculty, 
and to prescribe their respective duties, and to remove 
any of such employes at any time. It shall at such 



STATE OF NORTH DAKOTA 



159 



times as may be determined upon propose to the board 
of trustees the names of persons as president of the 
school, teachers and instructors, with the recommen- 
dation that such persons be employed by such board 
of trustees as the faculty of such school. It shall on 
or before the third Monday in November of each year 
make an annual report to the board of trustees, show- 
ing a statement of all expenditures of funds under its 
direction, the erection and care of buildings, the con- 
dition of schools, and containing such recommenda- 
tions as they may think proper. 



Sec. 1085. SALARIES OF PRESIDENT AND 
TEACHERS.— The board of trustees shall fix the 
salaries of the president of the school, teachers and 
instructors, and shall employ the persons therefor that 
have been recommended by the respective boards of 
management, unless in the opinion of the board of 
trustees a reasonable ground exists for refusing to 
employ such persons. The board of trustees shall 
prescribe the time and length of the various terms of 
such school. 

Sec. 1086. THE FACULTY, DUTIES OF.— 
The faculty shall consist of the president of the school, 
teachers and instructors employed for each school as 
herein provided. The faculty shall pass all needful 
rules and regulations for the government of disci- 
pline of the school, regulating the routine and labor 
and study, and the duty and exercises and such other 
rules and regulations as are necessary for the preser- 
vation of morals, decorum and health. They shall 
carry out the course of study adopted by the board of 
trustees and shall arrange for the classification of all 
pupils in conformity therewith. 

Sec. 1087. DUTY OF PRESIDENT.— The 
president of the school shall be the chief executive of- 
ficer of the school and it shall be his duty to see that 
all the rules and regulations are executed. The in- 
structors and employes shall be under his direction 
and supervision. It shall also be the duty of the 
president of each school to request the secretary of 
state to furnish each school ten copies of the revised 
codes of 1905, and ten copies of the session laws and 
supreme court reports hereafter published for library 
and exchange purposes, and thereupon the secretary 
of state shall furnish the same. 



Propose 
names of 
teachers. 



Report to 
trustees. 



Salaries of in- 
structors 
fixed by trus- 
tees. 



Length of 
school term — 
how deter- 
mined. 



The faculty — 
its powers and 
duties. 



Principal is 
executive offi- 
cer. 
Duty. 



160 



GENERAL SCHOOL LAWS 



Sec. 1088. ANNUAL REPORT OF FACUL- 
TY. — The faculty shall, on or before the third Mon- 
day in October in each year make an annual report to 
the board of trustees showing the general condition 
of the school and containing such recommendations 
as the welfare of the institution demands. 



Faculty to 
report to 
trustees an- 
nually. 



Trustees to 
report to 
governor. 



Diplomas — 
who entitled 
to. 



State profes- 
sional certifi- 
cate. 



Five-year cer- 
tificate. 



Academy of 
science — 
object. 



Sec. 1089. BIENNIAL REPORTS TO GOV- 
ERNOR. — The board of trustees shall make a report 
to the governor on or before the fifteenth day of No- 
vember next preceding each biennial session of the 
legislative assembly, containing the several reports of 
the boards of management and faculties herein pro- 
vided for, showing the condition of the funds appro- 
priated for the school, the money expended and the 
purpose for which the same was expended, in detail 
and showing the condition of the normal schools 
generally. 

Sec. 1090. DIPLOMAS.— The board of trustees 
and the respective faculties of each school shall have 
pcvver to issue diplomas to all persons who shall have 
completed the courses of study prescribed for the 
normal schools as herein provided, and who shall have 
passed a satisfactory examination under the direction 
of the board of trustees, upon the branches contained 
in such courses and who shall be known to possess a 
good moral character, which diploma shall set forth 
the above mentioned facts and shall be designated as 
the state normal school diplomas. 

Sec. 1091. STATE PROFESSIONAL CERTI- 
FICATE, — Any person who is the holder of such a 
diploma and who can furnish satisfactory evidence to 
the superintendent of public instruction that he has 
had three years' successful experience as a teacher, 
shall be granted by the superintendent of public in- 
struction a state professional certificate, valid for life 
as provided by law, and any such person, who can fur- 
nish satisfactory evidence of one year's successful ex- 
perience as a teacher shall be granted such certificate, 
valid for five years, as provided by law. The fees 
for such certificate shall be as provided by law. 

Article 3. — North Dakota Academy of Science. 

Sec. 1092. OBJECT OF ACADEMY OF SCI- 
ENCE. — The North Dakota academy of science here- 
tofore established at Wahpeton is hereby continued as 
such. The object of such academy shall be to fur- 



STATE OF NORTH DAKOTA 



161 



nish instruction in the pure and applied sciences, 
mathematics, languages, political science, and history 
as is usually given in schools of technology below the 
junior year, the chief object being the training of 
skilled workmen in the most practical phases of ap- 
plied science. A general science course may also be 
offered, consisting of three years' work above the high 
school course. Upon completion of either of the 
above courses the board of trustees may grant appro- 
priate certificates of the work accomplished. ' 

Sec. 1093. HOW GOVERNED.— Such school 
shall be under the direction and management of a 
board of trustees and shall be erected, governed and 
maintained as hereinafter provided. 

Sec. 1094. BOARD, HOW CONSTITUTED 
— Such board of trustees shall consist of five mem- 
bers who shall be appointed by the governor, by and 
with the consent of the senate, and shall hold their 
office for a term of four years ; provided, that immed- 
iately upon the taking effect of this act the governor 
shall appoint three members of this board who shall 
hold office for four years and two members who shall 
hold office for two years, each member of said board 
to hold office until his successor is appointed and 
qualified ; and the governor may fill vacancies as in 
other cases. The members of such board shall meet 
at Wahpeton annually on the first Tuesday in April 
and shall from among their number elect a president 
and secretary, and said board may provide for such 
other meetings at such times and places as may be 
deemed expedient ; provided, that the governor may 
designate the time of holding the first meeting of said 
board. 



Governed by 

trustees. 



Appointment 
of trustees. 



Meetings. 



Oificers of 
board. 



;Sec. 1095. POWERS OF BOARD.— Such board 
shall have power to buy or procure the necessary 
ground and to erect and equip the necessary buildings 
for said school, to appoint a principal and assistants 
to take charge of such school and such other teachers 
and officers as may be required and fix the salaries of 
each and prescribe their several duties. It shall also 
have power to remove, either principal, assistant or 
teacher and appoint others in their stead. The board 
shall prescribe the various books to be used in such 
school and shall make all the regulations and by-laws 
necessary for good government and maintenance of 
the same and shall have power to procure all necessary 

— 11— 



Powers. 



Over in- 
structors. 



Rules, regu- 
lations, etc. 



162 



GENERAL SCHOOL LAWS 



apparatus, instruments and appurtenances for instruc- 
tion in said school. 

Sec. 1096. RULES AND REGULATIONS.— 
The board shall prescribe such rules and regulations 
for the admission of pupils to said school as it shall 
deem necessary and proper and may in its discretion 
require applicants for admission into such school to 
pay such fees or tuition as the board may deem reason- 
able. 



Admission of 
pupils. 



Compensation 
of trustees. 



Instructors — 
from wliat 
fund paid. 



State treasur- 
er custodian of 
all funds. 



Sec. 1097. COMPENSATION.— All necessary 
expenses incurred by members of the board of trustees 
and the sum of three dollars per diem for the time 
actually and necessarily employed in the discharge of 
the duties of their office shall be paid on the proper 
voucher out of the general funds of the state. The 
principal, assistants, teachers and other officers and 
employes in such school shall be paid out of the fund 
of the North Dakota Academy of Science. 

Sec. 1098. ' DUTIES OF STATE TREASUR- 
ER. — The state treasurer shall be the custodian of all 
funds belonging to such school, from whatever source 
received, and the same shall be deposited with him 
and by him kept in a separate fund which shall be 
known as the North Dakota academy of science fund, 
and shall be used exclusively for the benefit of such 
academy ; provided, however, that any sum or sums 
received by such board of trustees for tuition or fees, 
for scholarships in such school, may be kept and dis- 
bursed by the secretary of such board upon the order 
of the president thereof, for correct (current) ex- 
penses of such school. 

Sec. 1099. MAJORITY SHALL CONSTITUTE 
QUORUM. — A majority of the members of the board 
of trustees shall constitute a quorum, but a less num- 
ber may adjourn from time to time. All proceedings 
of the board shall be recorded in a book kept for that 
purpose, which shall be open to inspection to any per- 
son on request ; and the secretar}^ shall keep a strict 
account of all moneys received by him in such manner 
as may be prescribed by the board, and such accounts 
shall at all times be open to inspection by said board 
or any member thereof. 

Article 4. — Agricultural College. 

Agricultural Scc. 1100. LOCATION OF.— The agricultural 

tion^T~^°'^' college shall continue as now established and located 



Tuition fees, 
how used. 



Majority of 
board a 
quorum. 



Records open 
for inspection. 



STATE OF NORTH DAKOTA 



163 



(See Const. Sec. 



at Fargo in the county of Cass. 
213, Sub. J.) 

Sec. 1101. MANAGEMENT OF.— The govern- 
ment and management of such college is vested in a 
board of trustees to be known as the board of trustees 
of the agricultural college. 

Sec. 1102. BOARD OF TRUSTEES, HOW 
APPOINTED. VACANCIES.— The board of trus- 
tees shall consist of seven members, to be appointed 
as follows : During each biennial session of the leg- 
islative assembly there shall be nominated by the gov- 
ernor and. by and with the advice and consent of the 
senate, appointed for the term of four years, trustees 
to fill vacancies occurring by the expiration of the 
term of office of those previously appointed. The 
governor shall have power to fill all vacancies in such 
board which occur when the legislative assembly is not 
in session and the members of such board shall hold 
their office until their successors are appointed and 
qualified as provided m this article. Persons ap- 
pointed to fill vacancies shall hold office only until the 
first Tuesday in April succeeding the next session of 
the legislative assembly. 

Sec. 1103. COMMISSION. OATH. ORGANI- 
ZATION.- — The governor shall cause to be issued to 
each trustee so appointed a commission under the 
great seal of the state. At the first meeting of such 
board the members thereof shall take and subscribe 
the oath of office required of other civil officers and 
shall then proceed to elect a president, secretary and 
treasurer, but the treasurer shall not be a member of 
the board. A majority of the members of the board 
shall constitute a quorum for the transaction of busi- 
ness. The board shall require a bond of its treasurer 
in such an amount and with such sureties as it may 
deem proper. (See Appendix D — Note ^2.) 

Sec. 1104. MEETINGS, WHERE HELD. COM- 
PENSATION OF TRUSTEES.— The board shall 
hold its meetings at the city of Fargo at such times as 
it may designate, but there shall not be to exceed six 
regular meetings each year; provided, that the presi- 
dent of the board shall have power to call special 
meetings whenever in his judgment it becomes neces- 
sary. ) The members of the board shall receive as 
compensation for their services the sum of three dol- 
lars per day for each day employed and five cents per 



Trustees to 
manage. 



Trustees — 
number and 
appointment of. 



Vacancies. 



Commission 
under great 
seal. 



How shall 
qualify. 



Organization 
and quorum. 



Meetings — 
When, 
where — how 
many. 



164 



GENERAL SCHOOL LAWS 



Compensation. 



mile for each mile actually and necessarily traveled in 
attending the meetings of the board, which sum shall 
be paid out of the state treasury upon vouchers of the 
board duly certified by the president and secretary 
thereof. 



Duty of board 
as to funds. 



Employ in- 
structors. 



Superintendent 
of construc- 
tion. 



Object and 
course of study. 



Full course 
four years. 



Sec. 1105. DUTIES OF BOARD.— Such board 
shall direct the disposition of all moneys appropriated 
by the legislative assembly or by the congress of the 
United States, or that may be derived from the sale of 
lands donated by congress to the state for such college, 
or that may be donated to or come from any source 
to the state for said college, or experiment station for 
North Dakota, subject to all restrictions imposed upon 
such funds either by the constitution or laws of the 
state or by the terms of such grants from congress, 
and shall have supervision and charge of the con- 
struction of all buildings authorized by law for such 
college and station. The board shall have power 
to employ a president and necessary teachers, instruc- 
tors and assistants to conduct such school and carry 
on the experiment station connected therewith and to 
appoint one of its members superintendent of con- 
struction of all buildings, who shall receive three dol- 
lars per day for each day actually and necessarily en- 
gaged in the discharge of his duties, not to exceed 
fifty days in any one year, which sum shall be paid out 
of the state treasury upon the vouchers of said board. 

Sec. 1106. COURSE OF INSTRUCTION.— 
The object of such college shall be to afford practical 
instruction in agriculture and the natural sciences con- 
nected therewith, and in the sciences which bear di- 
rectly upon all industrial arts and pursuits. The 
course of instruction shall embrace the English lan- 
guage and literature, mathematics, military tactics, 
civil engineering, agricultural chemistry, animal and 
vegetable anatomy, and physiology, the veterinary art, 
entomology, geology and such other natural sciences 
as may be prescribed, political, rural and household 
economy, horticulture, moral philosophy, history, 
bookkeeping and especially the application of science 
and the mechanic arts to practical agriculture. A 
full course of study in the institution shall embrace 
not less than four years, and the college year shall 
consist of not less than nine calendar months, which 
may be divided into terms by the board of trustees as 
in its judgment will best secure the objects for which 
the college was founded. 



STATE OF NORTH DAKOTA 



165 



Sec. 1107. BOARD OF TRUSTEES TO FIX 
SALARIES. — The board of trustees shall fix the sal- 
aries of the president, teachers, instructors and other > 
employes and prescribe their respective duties. ' The 
board shall also fix the rate of wages to be allowed the 
students for labor on the farm and experiment station 
or in the shops or kitchen of the college. The board 
may remove the president or subordinate officers and 
supply all vacancies. 

Sec. 1108. FACULTY TO ADOPT RULES 
AND REGULATIONS.— The faculty shall consist 
of the president, teachers and instructors and shall 
pass all needful rules and regulations for the gov- 
ernment and discipline of the college, regulating the 
routine of labor, study, meals and the duties and ex- 
ercises, and all such rules and regulations as are neces- 
sary for the preservation of morals, decorum and 
health. 



Salaries fixed 
by trustees. 



Removals and 
vacancies. 



Government 
and discipline, 
faculty to 
adopt rules for. 



Sec. 1109. DUTIES OF PRESIDENT.— The 
president shall be the chief executive officer of the col- 
lege and it shall be his duty to see that all rules and 
regulations are executed, and the subordinate officers 
and employes not members of the faculty shall be un- 
der his direction and supervision. 

Sec. 1110. FACULTY TO MAKE ANNUAL 
REPORT TO BOARD.— The faculty shall make an 
annual report to the board of trustees on or before the 
first Monday in November of each year, showing the 
condition of the school, experiment station and farm 
and the results of farm experiments and containing 
such recommendations as the welfare of the institution 
demands. 

Sec. 1111. ANNUAL REPORT TO GOVER- 
NOR. — The board of trustees shall on or before the 
fifteenth day of November in each year make a report 
to the governor setting forth in detail the operations 
of the experiment station, including a statement of the 
receipts and expenditures, a copy of which report shall 
be sent by the governor to the commissioner of agri- 
culture and to the secretary of the treasury of the 
United States, and the board shall also make report 
to the governor on or before the fifteenth day of 
November next preceding each biennial session of the 
legislative assembly, containing a financial statement 
showing the condition of all funds appropriated for 
the use of such college and experiment station, also 



President ex- 
ecutive officer. 



Duty to en- 
force rules. 



Faculty to re- 
port to trus- 
tees annually. 



Annual report 
to governor by 
trustees. 



Report to com- 
missioner of 
agriculture. 



Biennial report 
of trustees. 



166 



GENERAL SCHOOL LAWS 



Degrees , on 
whom may be 
conferred. 



Land grant 
accepted. 



Treasurer's 
bond. 



Topographic 
map. 



the moneys expended and the purposes for which the 
same were expended in detail, also the condition of 
the institution and the results of the experiments car- 
ried on there. 

Sec. 1113. DEGREES MAY BE CONFERRED. 
— ^The board and the faculty shall have power to con- 
fer degrees upon all persons who shall have com- 
pleted the course of study prescribed by them, and 
who shall have passed a satisfactory examination in 
the branches contained in such course and who possess 
a good moral character. i 

Sec. 1113. ACCEPTANCE OF LAND GRANT. 
— The grants of land accruing to this state by virtue 
of an act of congress donating public lands for the 
use and support of agricultural colleges approved 
February 22, 1889, is hereby accepted with all the 
conditions and provisions in said act contained, and 
said lands, are hereby set apart for the use and support 
of the colleges herein provided for. 

Sec. 1114. , BOND OF TREASURER.— The 
treasurer of such college shall give a bond in the sum 
of fifty thousand dollars with at least four sureties to 
be approved by the board of trustees of such college, 
conditioned for the faithful accounting of all moneys 
received by him as such treasurer. 

Article 6. — Agricultural and Geological Survey- 

Sec. 1121. AGRICULTURAL COLLEGE 
BOARD CO-OPERATE.— The board of trustees of 
the agricultural college of the state of North Dakota 
is hereby authorized to co-operate with the directors 
of the United States federal surveys and to accept the 
co-operation of the United States with this state in 
executing a topographic, economic and agricultural 
survey and map of North Dakota, which is hereby 
authorized to be made ; and the said board of trustees 
shall have the power to arrange with said directors, 
or other authorized representatives of the United 
States government surveys, concerning the details of 
said work, the methods of its execution, and the order 
in part of time in which these surveys and maps of the 
different parts of the state shall be completed; pro- 
vided, that the said directors of the United States 
government survey,, thus co-operating with the state 
of North Dakota, shall agree to expend on the part of 
the United States upon said work a sum equal to that 



STATE OF NORTH DAKOTA 



167 



Maps — de- 
scription. 



What to show. 



appropriated by the state of North Dakota for that 
purpose. 

Sec. 1133. MAPS UNIFORM WITH U. S. 
MAPS. — In arranging the details heretofore referred 
to, it is expected that the topographic maps resulting 
from this survey shall be similar in design to the Far- 
go and Casselton sheets already made by the United 
States geological survey ; that they shall show the lo- 
cation of all roads, railroads, streams, lakes and rivers, 
and shall contain certain lines showing the elevation 
and depression for every twenty feet of vertical inter- 
val of the surface of the county ; and that the resulting 
maps shall recognize the co-operation of the state of 
North Dakota. ■ 

Sec. 1133. MAKE AN ECONOMIC SURVEY. 
— Following the completion of the topographic maps, 
or as rapidly as deemed expedient, an economic sur- 
vey shall be made, including a complete account of all 
economic resources of agricultural importance, in- 
cluding the character and value of soil for agricultural 
purposes, the nature and extent of water supplies, both 
surface and artesian, together with the analysis of 
soils, waters, etc., including also the collecting and 
tabulating of meteorological data- necessary in explain- 
ing climatic variations, and such other investigations 
as naturally belong to an economic survey. 

Sec. 1134. STATE DIRECTOR TO COLLECT 
SAMPLES.— It shall be the duty of the state director 
of this survey to collect or cause to be collected, 
samples of rocks, soils, coals, cla3^s, minerals, fossils, 
plants, woods, skins and skeletons of native animals, 
and such other products of economic or scientific in- 
terest discovered during this survey, which properly 
secured and labeled, shall be placed on exhibition in 
the museum of the North Dakota agricultural col- 
lege. 

Sec. 1135. ARRANGE TO PUBLISH MAPS. 
— The state director of this survey shall arrange with 
the directors of the government surveys for the pub- 
lications of economic maps resulting from this sur- 
vey, which shall be similar in design to, and uniform 
wi'th the publication now made by these surveys ac- 
companied by (a) the written description of the for- 
mations and economic resources, which shall consti- 
tute a report, embodying and setting forth all useful 
information developed during these investigations. 



Economic sur- 
vey. 



Water supply. 



Climatic varia- 
tions. 



Samples for 
museum to be 
collected. 



Publication of 
map. 



168 



GENERAL SCHOOL LAWS 



Sec. 1126. PUBLISH REPORTS.— There shall 
be published from time to time, as bulletins of the 
North Dakota experiment station, preliminary reports 
of this survey, as the work progresses, showing the 
results of the survey and investigations conducted, 
together with preliminary maps showing the areas 
covered and these preliminary reports shall be sent 
gratis to all citizens of N'orth Dakota making applica- 
tion. 



Bulletins of 

experiment 

station. 



Distribution. 



State director, 
to report to 
'governor. 



State director 
— who is. 



Annual ap- 
propriation. 



Name of sur- 
vey. 



Not to conflict 
with state 
university. 



Mineral de- 
posit in state 
or school 
Jands belongs 
to state. 



Sec. 1127. MAKE BIENNIAL REPORT TO 
GOVERNOR.— It shall be the duty of the said board 
of trustees, through the state director of this survey, 
to make on or before the second Tuesday of Decem- 
ber of each year, immediately preceding the regular 
sessions of the legislative assembly of North Dakota, 
a biennial report to the governor, showing the pro- 
gress of the survey, accompanied by copies of the 
maps completed, and results accomplished, together 
with a report of all moneys received and expended ; 
and the governor shall lay this report before the leg- 
islative assembly. 

Sec. 1128. STATE DIRECTOR.— The professor 
of geology of the North Dakota agricultural college 
shall act, under the direction of the board of trustees 
of said institution, as state director of this survey. 

Sec. 1129. APPROPRIATION.— There is here- 
by appropriated out of the money of the state treas- 
ury, not otherwise appropriated, the sum of five hun- 
dred dollars ($500) annually, which shall be paid by 
the state treasurer upon a draft from the secretary of 
the board of trustees, having in control this survey. 

Sec. 1130. NAME. — This survey shall be known 
as the Agricultural College survey of North Dakota. 

Sec. 1131. , NOT CONFLICTING.— This act is 
not to be construed as conflicting in any manner with 
or repealing the geological survey of North Dakota 
already established at the state university. 

Sec. 1132. BELONG TO THE STATE.— Any 
lands belonging to the state, or lands known as school 
lands and public institution lands, in which is discov- 
ered any valuable deposit of coal or minerals of any 
kind, clay, gravel or stone shall be and remain the 
property of the state until provision for the sale or 
leasing thereof is especially provided by law. 



STATE OF NORTH DAKOTA 



169 



Article 7. — School for the Deaf and Dumb. 



Sec. 1133. LOCATION.— The school for the deaf 
and dumb as located by the constitii*:ion at Devils 
Lake shall continue to be the institution for the sup- 
port and education of the deaf and dumb children 
of the state . {See Const. Sec. 215, siih. 5.) 

;Sec. 1131. BOARD OF TRUSTEES, HOW 
APPOINTED.— Such institution shall be under the 
supervision of a board of trustees consisting of five 
members, who shall be appointed by the governor by 
and with the advice and consent of the senate. At 
each biennial session of the legislative assembly the 
governor shall. nominate and, by and with the advice 
and consent of the senate, appoint for the term of four 
years trustees to fill vacancies occurring by the expir- 
ation of the term of office of those previously ap- 
pointed, and the governor shall have power to fill. all 
vacancies in the board which shall occur when the leg- 
islative assembly is not in session, and the members 
of such board shall hold their office for the term of 
four years commencing on the first Tuesday in April 
succeeding their appointment, and until their suc- 
cessors are appointed and qualified, except members 
appointed to fill vacancies during the recess of the 
legislative assembly, which members shall hold only 
until the first Tuesday in April succeeding the next 
regular session of the legislative assembly. 

Sec. 1135. ORGANIZATION. MEETINGS.— 
Such trustees shall meet in the city of Devils Lake. 
They shall choose from among their number a presi- 
dent and secretary, who shall hold office for two 
years and until their successors are appointed and 
qualified. Three members of the board shall consti- 
tute a quorum for the transaction of business. Such 
board shall meet annually in the month of April and 
as often thereafter as may be deemed necessary for 
the proper transaction of business, upon the call of 
the president or secretary. 

Sec. 1136. OATH. DUTIES OF OFFICERS 
OF BOARD.— Each member of the board shall be- 
fore entering upon his duties take and subscribe the 
oath required of other civil officers, which oath shall 
be filed in the office of the secretary of state. The 
president shall preside at all meetings of the board 
when present and in his absence a president pro tem- 



Deaf and 
dumb children 
— where edu- 
cated. 



Trustees — 
number and 
appointment. 



Vacancies. 



Term of office. 



Meetings. 



Organization. 



Quorum. 



Oath. 



Duties. 



170 



GENERAL SCHOOL LAWS 



Deposit of 
funds, board 
shall direct. 



General super- 
vision. 



Indebtedness 
not to exceed 
appropriation. 



Compensation. 



Non-resident 
pupils- — fee for. 



Residents to 
be educated 
free. 



■Clothing — how 
furnished. 



pore may be named to perform the duties of president. 
The secretary shall keep a correct record of the pro- 
ceedings of the board and have charge in trust for the 
institution, of all papers and records of the same. {See 
Appendix D, Note 32.) 

Sec. 1137. BOARD TO DIRECT DISPOSI- 
TION OF MONEYS.— The board shall direct the 
disposition of all moneys appropriated by the legisla- 
tive assembly or received from any other source for 
the benefit of such institution. 

Sec. 1138. DUTIES OF BOARD.— Such board 
shall have general supervision of the institution, adopt 
rules for the government thereof, employ and fix the 
salaries of all employes, provide necessaries for the 
institution and perform other duties, not devolving 
upon the principal necessary to render it efficient and 
to carry out the provisions of this article. 

Sec. 1139. INDEBTEDNESS LIMITED.— The 
board shall not create any indebtedness against such 
institution exceeding the amount appropriated by the 
legislative assembly for the use thereof. 

Sec. 1140. COMPENSATION OF MEMBERS 
OF BOA.RD. — The members of the board shall re- 
ceive as compensation for their services three dollars 
per day for' each day employed, and five cents per 
mile for each mile actually and necessarily traveled in 
attending meetings of the board, to be paid out of the 
state treasury upon vouchers of the board duly certi- 
fied by the president and secretary thereof. 

Sec. 1141. FEE FOR NON-RESIDENT CHIL- 
DREN. — Deaf and dumb children, not residents of 
this state, of suitable age and capacity, shall be entitled 
to an education in such school on payment to the state 
treasurer of the sum of one hundred and eighty dol- 
lars per annum, in advance, but such children shall 
not be received to the exclusion of children of this 
state. 

Sec. 1142. RESIDENTS ENTITLED TO ED- 
UCATION FREE. — Each deaf and dumb person, 
who is a resident of this state, of suitable age and 
capacity, shall be entitled to receive an education in 
such institution at the expense of the state. 

Sec. 1143. ACCOUNTS FOR CLOTHING, 
HOW COLLECTED.— When the pupils of such in- 
stitution are not otherwise provided or supplied with 



STATE OF NORTH DAKOTA 



171 



County treas- 
urer to collect 
for same. 



fTo be paid by 
taxation — 
when. 



suitable clothing, they shall be furnished therewith by 
the principal, who shall make out an account thereof 
in each case against the parent or the guardian, if the 
pupil is a minor, and against the pupil if he has no 
parents or guardian, or if he has attained the age of 
majority; which account shall be certified to be cor- 
rect by the principal, and when so certified such ac- 
count by mail to the county treasurer of the county 
from which the pupil so supplied shall have come ; 
and such treasurer shall proceed at once to collect the 
amount by suit in the name of his counry, if necessary, 
and pay the same into the state treasury. The prin- 
cipal shall at the same time remit a duplicate of such 
account to the state auditor, who shall credit the same 
to the account of the school and charge it to the pro- 
per county ; provided, that if it shall appear by the affi- 
davit of three disinterested citizens of the county, not 
of kin to the pupil, that such pupil or his parents 
would be unreasonably oppressed by such suit, then 
such treasurer shall not commence such action, but 
shall credit the same to the state on his books and re- 
port the amount of such account to the board of coun- 
ty commissioners of his county, which board shall 
levy a sufficient tax to pay the same to the state and 
cause the same to be paid into the state treasury. 

. Sec. 1144. TRANSPORTATION OF INDI- 
GENT PERSONS, HOW PAID.— The board of 
county commissioners shall order to be paid the ex- 
penses of transportation to and from such institution 
of any indigent deaf and dumb children entitled to 
admission thereto, and they shall at the time of levy- 
ing other taxes, levy a tax sufficient to reimburse the 
county therefor. In order to avoid long delays in 
transporting indigent children to and from the insti- 
tution, the principal may, upon correspondence with 
the auditor of such county, pay such transportation 
and forward to such county auditor an itemized state- 
ment of the expenses. The board of county com- 
missioners shall order the county treasurer to draw 
his warrants for such amount in favor of the prin- 
cipal of the institution, who shall account for such 
money as provided by law. 

Sec. 1145. FACULTY. DUTIES OF PRINCI- 
PAL. — The officers of the institution shall be a prin- 
cipal and matron. ' The principal shall be a capable 
person, skilled in the sign language and all the meth- 



Transporta- 
tion — when 
paid. 



County war- 
rant to pay 
same. 



Officers. 



172 



GENERAL SCHOOL LAWS 



Qualifications 
of principal. 



Salary. 



Report. 



Records. 



Employment 
for pupils. 



Matron — 
duty of. 



Report of 
trustees. 



ods in use in educating the deaf, and shall have 
knowledge of the wants and requirements of the deaf 
in their proper training and instruction. The prin- 
cipal and matron must reside at the institution. The 
principal shall receive a salary of not less than fifteen 
hundred dollars per annum. The principal shall an- 
nually make to the board of trustees a written report 
stating in full the true condition of the educational, 
the domestic and the industrial departments of the 
institution and his action and proceedings therein, 
which report shall be embraced in the report of the 
trustees to the governor. He shall keep and have 
charge of all necessary records and registers of each 
department and have the supervision of teachers, 
pupils and servants and perform such other duties as 
the board may require. He may recommend and 
with the approval of the board employ all assistants 
needed therein. He shall have special charge of 
the male pupils, out of school hours, and shall furnish 
them with employment about the premises or in some 
trade to Avhich they are adapted when such trades have 
been organized and established at the institution by 
the trustees and provision for their maintenance made 
by the legislative assembly. The proceeds and pro- 
ducts arising from the labor and employment of the 
pupils shall inure to the use and benefit of the institu- 
tion. 

Sec. 1146. DUTY OF AIATRON.— The matron 
of the school shall have control of the internal ar- 
rangement and management of the institution and of 
the female pupils, out of school hours. She shall 
instruct the female pupils in the domestic arts or in 
some trade to which they are adapted, under the di- 
rection of the principal. 

Sec. 1147. BOARD TO MAKE BIENNIAL 
REPORTS. — The board of trustees shall on or be- 
fore the fifteenth day of November preceding each 
regular session of the legislative assembly make a 
full and complete report to the governor, showing: 

1. A statement of the financial condition of the in- 
stitution from the date of the last report, giving in 
detail the amount of moneys received from all sources 
and the amount expended. 

2. The value of real estate and buildings at the 
date of the last report and the cost of improvements 
made, if any, since such report. 



STATE OF NORTH DAKOTA 



173 



Contents of. 



3. The number of pupils in attendance, their 
names, ages, residences, and cause of deafness ; alsc 
the number that have entered the institution, and the 
number of those who have left since the last report. 

4. The number and cause of deaths, if any, which 
have occurred in the institution since the last report. 

5. The improvement, health and discipline of the 
pupils. 

6. 'The names of the officers, teachers and servants 
employed. 

7. All other needful information touching such 
matters as may be deemed of interest. 

8. Such recommendations as may be deemed need- 
ful. 



Sec. 1148. DISPOSITION OF MONEY RE- 
CEIVED. — All money that shall arise from the inter- 
est received on all moneys derived from the sale of 
lands hereinbefore or that may hereafter be appro- 
priated for the school for deaf and dumb, including 
all money that may be received from the renting of 
said land and all moneys that may be hereafter appro- 
priated for the school for the deaf and dumb, by the 
state of North Dakota, including all money raised in 
any other manner or donated to said asylum, shall be 
deposited with the state treasurer to be kept by him 
in a separate fund, which shall be known as the deaf 
and dumb asylum fund, and be used exclusively for 
the benefit of said school for the deaf and dumb as 
may be herein or hereafter provided. 

Sec. 1149. BOOKS OPEN TO INSPECTION. 
— Every duty and contract to be performed by said 
trustees must receive the approval of the majority of 
the board in regular session duly called, I'n order to 
make binding and valid. All proceedings of said 
board shall be recorded in a book kept for that pur- 
pose, and open to the inspection of anybody on re- 
quest. I 

Sec. 1150. ITEAilZED VOUCHERS.— All mon- 
eys that may come into the treasury of the state of 
North Dakota, and credited to the school for the deaf 
and dumb, shall be paid out to the persons entitled 
thereto, and the state auditor is hereby directed to 
draw his warrant on the funds in the hands of the 
state treasurer belonging to the said school for the 
deaf and dumb upon the written order of the said 
board of trustees, which order shall be accompanied 



Funds — how 
kept and dis- 
posed of. 



Majority ne- 
cessary to valid 
contract. 



Records open 
to public. 



Payment 
made only on 
order of board. 



174 



GENERAL SCHOOL LAWS 



by itemized vouchers for the full amount of such 
order ; provided, that no such order shall be issued un- 
til there is cash in the treasury with which to pay the 
same. 



Services free. 



School for 
blind, location 
and govern- 
ment. 



Trustees — 
how and 
when appoint- 
ed. 



Term of office. 



Vacancies. 



Qualification, 
and organiza- 
tion of board. 



■Sec. 1151. NO COMPENSATION.— The trus- 
tees shall receive no compensation for performing the 
duties herein prescribed. 

Article 8. — Blind Asylum. 

Sec. 1152. LOCATION AND GOVERNMENT. 
— There is hereby established and located at Bathgate 
in Pembina county, a blind asylum, which shall be 
known by the name of the North Dakota Blind Asy- 
lum. The government and management of said 
asylum is hereby vested in a board of trustees con- 
sisting of five members, which shall be styled the 
Board of Trustees of the North Dakota Blind Asy- 
lum. {See Const. Sec. 216, sub. 2.) 

Sec. 1153. TRUSTEES, HOW APPOINTED. 
LENGTH OF TERM.— The members of the board 
shall be nominated by the governor, and, by and with 
the advice and consent of the senate, shall be appoint- 
ed on or before the third Monday of February of each 
biennial session of the legislative assembly, for a per- 
iod of four years from said date ; provided, however, 
that the first board of trustees shall be appointed by 
the governor at once upon the taking effect of this 
article ; provided, further, that the terms of the first 
board shall be three members for the period of four 
years, and two members for the period of two years, 
the length of the term of the respective trustees to be 
designated by the governor in making the appoint- 
ments. Such appointments shall be made by and 
with the advice and consent of the senate, when the 
legislative assembly is in session ; otherwise, the 
trustees appointed shall qualify and hold office until 
their successors are appointed and qualified. The 
governor shall have power to fill all vacancies which 
may occur in said board when the legislative assembly 
is not in session, and members of said board shall hold 
their office until their successors are appointed and 
qualified as provided herein. 

Sec. 1154. ORGANIZATION OF BOARD. 
QUORUM. — The governor shall cause to be issued 
to each of said trustees a commission, which shall be 



STATE OF NORTH DAKOTA 



175 



Quorum. 



Bond of 
treasurer. 



Meetings — 
when, where, 
number. 



Compensation. 

No funds to be 
disturbed until 
when. 



under the great seal of the state. At the first meet- 
ing of said board the members thereof shall take and 
subscribe the oath of office required of all civil officers 
and shall then proceed to elect a president, secretary 
and treasurer, but the treasurer need not be a member 
of the board. A majority of the trustees shall con- 
stitute a quorum for thfe transaction of business. The 
board shall require a bond of its treasurer and fix the 
amount thereof. (See Appendix D. — A^ote 52.) 

Sec. 1155. MEETINGS OF BOARD. COM- 
PENSATION.— The board shall hold its meetings at 
Bathgate and fix the time of holding the same ; provid- 
ed, there shall not be to exceed twelve regular meet- 
ings in each year. The members of the board shall 
receive as compensation for their services three dol- 
lars per day for each day employed, not to exceed 
twenty- four days in any one year, and five cents per 
mile for each mile actually and necessarily traveled 
in attending the meetings of the board, which sum 
shall be paid out of the state treasury on the vouchers 
of said board ; provided, that until such time as the 
legislative assembly shall make an appropriation for 
the construction and maintenance of such asylum, or 
until there shall be derived from the interest on the 
proceeds of sales or of rents derived from the thirty 
thousand acres appropriated for this asylum, sufficient 
funds to construct and maintain such asylum, the sum 
of five thousand dollars the trustees appointed under 
this article shall receive no compensation whatever, 
nor shall they issue their warrants upon the state 
treasury for any purpose whatever. 

Sec. 1156, PROCEEDS FROM LAND GRANT. 
— The thirty thousand acres of land donated by con- 
gress for the purpose of such blind asylum and appro- 
priated by the constitution of this state therefor, and 
all moneys received from the interest and income 
derived from the sales of such lands or rents derived 
from the leasing of such lands, are hereby appropri- 
ated for the construction and maintenance of said 
asylum. 

Sec. 1157. BY-LAWS AND RULES OF REG- 
ULATION. — The board shall direct the disposition 
of all moneys appropriated by the legislative assembly 
or the interest on all moneys that may be derived 
from the sale, or the rent derived from the leasing 
of land donated by congress to this state and by the 



Proceeds 
from land 
grant — how 
be used. 



Care of funds. 



176 



GENERAL SCHOOL LAWS 



constitution of the state appropriated for such asylum, 
and shall have supervision and charge of the construc- 
tion of all buildings provided for or authorized by law 
for said asylum. Said board shall have power to enact 
by-laws and rules for the regulation of all its concerns 
not inconsistent with the laws of this state ; to see 
that its affairs are conducted in accordance with the 
requirements of law; to provide employment and in- 
struction for the inmates ; to appoint a superintend- 
ent, a steward-, a matron, a teacher or teachers, and 
such other officers as ip. its judgment the wants of the 
institution may require, and prescribe their duties; to 
exercise a general supervision over the institution, its 
officers and inmates, fix the salaries to be paid to the 
officers and to order their removal upon good cause. 

Sec. 1158. REPORTS, WHEN MADE.— The 
board shall make a report to the governor on or be- 
fore the last Monday in December next preceding 
each biennial session of the legislative assembly, con- 
taining a financial statement showing the condition of 
all funds appropriated for the asylum ; also the money 
expended and the purpose for which the same was ex- 
pended in detail ; also showing the condition of the 
institution generally. 

Sec. 1159. INSTRUCTION OF BLIND CHIL- 
DREN. — Until otherwise provided the governor is 
hereby authorized to contract with the state of South 
Dakota, or with the state of Minnesota, for the care 
and instruction of blind children of school age, and 
shall authorize the' state auditor to issue warrants 
upon the state treasury for that purpose. 



Rules and 
regulations. 



Officers and 
instructors. 



General super- 
vision. 



Reports — 
when and to 
whom made. 



Governor to 
contract with 
other states 
for education 
of blind chil- 
dren. 



At Grafton. 



Trustees — ap- 
pointment and 
term of. 



Article 9. — Institution for Feeble Minded. 

Sec. 1160. LOCATION.— There shall be located 
and permanently maintained at or near the city of 
Grafton, in the county of Walsh, an institution for 
the feeble minded, upon the grounds conveyed by the 
United States of America to the state of North Da- 
kota for that purpose, to be known and designated as 
''The Institution for Feeble Minded." 

Sec. 1161. BOARD OF TRUSTEES.— The said 
institution shall be controlled by a board of five trus- 
tees who shall be appointed by the governor, by and 
with the advice and consent of the senate, for the term 
of four years each, and until their successors are ap- 
pointed and qualified ; provided, however, that of the 



STATE OF NORTH DAKOTA 



177 



first board of trustees appointed under this act, three 
shall be appointed for the term of four years, and the 
other two for the term of two years. All vacancies 
occuring in said board shall be filled by appointment 
in like manner as aforesaid to fill the unexpired term. 



Sec. 1163. TERM OF OFFICE.— Such board 
of trustees shall annually elect from among their num- 
ber a president and a secretary, who shall hold office 
for two years and until their successors are chosen 
and qualified. Three of said trustees shall constitute 
a quorum, and shall meet annually in the month of 
April and as often thereafter as may be deemed neces- 
sary, for the proper transaction of business, upon the 
call of the president or secretary. i 

Sec. 1163. DUTIES.— Said trustees shall have 
the general management and superintendency of said 
institution ; shall prescribe all rules and regulations for 
the government thereof ; and the admission of pupils 
thereto, and generally perform all acts necessary to 
render the said institution efficient for the purposes 
for which the same is established, to-wit : For the 
relief and instruction of the feeble minded and for 
the care and custody of epileptic and idiotic of the 
state and they may introduce and establish such trades 
and manual industries as in their judgment will best 
train their pupils for future self-support. 

Sec. 1161. APPOINTMENT OF SUPERIN- 
TENDENT. — Such board shall appoint a superin- 
tendent of said institution, who shall be a physician 
skilled in caring for, and in instructing the class of 
unfortunates to be provided for by this act. Such 
superintendent shall name all the subordinate officers, 
and such nominations shall be confirmed or rejected 
by the board. 

Sec. 1165. WHO ADMITTED.— All feeble 
minded persons resi'dents of this state, who, in the 
opinion of the superintendent are of suitable age and 
capacity to receive instruction in this institution, and 
whose defects -prevent them from receiving proper 
training in the public schools of the state, and all idi- 
otic and epileptic persons residents of this state may 
be admitted to and receive the benefits of this insti- 
tution free of charge, subject to such rules and regu- 
lations as may be made by the board of trustees ; and 
they shall be provided by their friends, relatives, or 

—12— 



Vacancies, how 
filled. 



Officers, elec- 
tion and term. 



Quorum. 



Meetings. 



Powers and 
duties of trus- 
tees. 



Superintendent. 



Other officers. 



Pupils — who 
may become. 



Duty of 
friends. 



178 



GENERAL SCHOOL LAWS 



of. 



Secretary. 



Treasurer. 



Clothing fur- 
nished when. 



the county from which they come, sufficient funds to 
furnish them with proper clothing and transporta- 
tion. 

Sec. 1166. DUTIES OF OFFICERS.— The presi- 
Officers of the dent shall preside at all meeting's of the board, when 

board — duties j_ i • i • i • , 

present, and m his absence a president pro tempore 
may be chosen to perform the duties of president. He 
shall sign all contracts on behalf of the board and all 
orders vipon the treasurer. The secretary shall coun- 
tersign all contracts and orders upon the treasurer 
and shall keep a correct report of the proceedings of 
the board, and shall have charge in trust for the in- 
stitution of all papers and records of the same. Such 
board shall appoint a treasurer who may or may not be 
one of their number, as they deem best, as provided in 
section 1270 of the revised codes of 1905. 

Sec. 1167. SUPERINTENDENT TO FUR- 
NISH CLOTHING.— When the pupils of such insti- 
tution are not otherwise provided or supplied with 
suitable clothing, or the necessary transportation, they 
shall be furnished therewith by the superintendent, 
who shall make out an account thereof in each case 
against the county from which the pupil shall have 
come, which account shall state the name of the pupil 
for whom the same is furnished and shall be certified 
to be correct by the superintendent and when so cer- 
tified shall be presumed to be correct in all the courts. 
The superintendent shall thereupon transmit such ac- 
count by mail to the auditor of the proper county, 
and the auditor of such county shall present the same 
to the county commissioners of said county at their 
next meeting after its receipt by him, who shall there- 
upon audit and allow the same, and charge it to the 
general fund of the county, and thereupon there shall 
arise in favor of' said county a right of action for the 
amount so paid as against the parent or guardian, if 
the pupil be a minor, and against the pupil if he or she 
has no parent or guardian or has attained the age of 
majority, which may be enforced by civil action at the 
election of the board of county commissioners. The 
superintendent shall render to the board of trustees 
biennially, or oftener if required, an itemized state- 
ment of such funds. 



Procedure. 



ISec. 1168. 
SIONERS.- 



DUTIES OF COUNTY COMMIS- 
-The board of county commissioners 



County com- 
missioners — 

indigent" pupiis° shall Order to be paid the expenses of transportation 



STATE OF NORTH DAKOTA 179 

to and from such institution of any indigent feeble 
minded children entitled to admission thereto, and 
they shall, at the time of levying; other taxes, levy a 
sufficient tax to reimburse the county therefor. In 
order to avoid long delay in transporting indigent 
children to and from the institution, the superintend- 
ent may, upon correspondence with the auditor of 
such county, pay such transportation and forward to 
such county auditor an itemized statement of the ex- 
penses. The board of county commissioners shall 
order the county treasurer to draw his warrant for 
such amount in favor of the superintendent of such 
institution, who shall account for such money as pro- 
vided by law. 

Sec. 1169. DUTIES OF TRUSTEES.— The 
board of trustees shall take and hold in trust for said 
institution all lands and property hereafter granted, 
given, devised or conveyed to the institution for feeble Power of trus- 
minded, to be applied and used at Grafton aforesaid, e'j.^j. °^'^'' ^^°^' 
and any moneys, now or hereafter, appropriated or 
entrusted to said institution may be drawn at any 
time from the state treasury upon the order of the 
board of trustees, on the presentation of proper 
vouchers to the state auditor. 

Sec. 1170. OFFICERS TO REPORT. WHEN. 
— On or'before the first day of November, in each even 
numbered year, or oftener if required, the super- 
intendent, secretary and treasurer shall render to the 
board of trustees full and complete reports, accom- 
panied by such recommendations as may seem to them 
wise and proper, and biennially, and on or before the Reports— by 

1 ,• T-v 1 1-' 1 • ^"" ^'^ whom — 

first day of December, preceding the regular sessions when, 
of the legislature, said board of trustees shall furnish 
the governor a printed report of said institution for 
the two years ending on the preceding June 30th. Said 
report shall contain such matters as are of interest to 
the institution, with reports of the superintendent, 
such as is common from like institutions ; with a de- 
tailed statement of the disbursements. The state 
authorities shall print and deliver to the proper officers 
for the use of the legislature and state officers, five 
copies for each, and shall deliver to the officers of such 
institution the number estimated by them to be neces- 
sary for the use thereof, not to exceed five for each 
member enrolled therein. 



180 



GENERAL SCHOOL LAWS 



Compensation 
of trustees. 



Secretary. 



Industrial 
school — location 
and abject. 



Sec. 117L COMPENSATION.— Each member 
of the board shall receive as full compensation for his 
services as such trustee, three dollars per day for each 
day necessarily and actually employed in his duties as 
such trustee, together with five cents per mile for 
every actual and necessary mile traveled in going to 
and returning from the place of meeting of said 
board; provided, however, that the secretary and 
treasurer shall each receive for his service annually a 
sum not to exceed fifty dollars, as may be allowed by 
the board. 

Article 10. — Industrial School. 

Sec. 1172. NAME AND OBJECTS.— That the 
institution known as the industrial school and school 
for manual training, located at Ellendale, Dickey 
county, North Dakota, be henceforth designated the 
state normal and industrial school, the object of such 
school being to provide instruction in a comprehensive 
way in wood and iron work and the various other 
branches of manual training, cooking, sewing, model- 
ing, art work, and the various other branches of do- 
mestic economy as a co-ordinate branch of education, 
together with mathematics, drawing and the other 
necessary school studies, and to prepare teachers in 
the science of education and the art of teaching in the 
public schools, with special reference to manual train- 
ing. 

Sec. 1173. ENDOWMENT.— All proceeds ac- 
cumulating in the interest and income fund arising 
from the sale or leasing of all lands granted or here- 
after to be granted by the State of North Dakota for 
the said industrial school, are hereby pledged for the 
establishment and maintenance of said industrial 
school. 

Sec. 1174. MANAGEMENT.— The manage- 
ment and government of such school shall be vested in 
a board of trustees, consisting of five members, two 
of whom shall be residents of Dickey county, to be 
known as the board of trustees of the industrial 
school, and to be appointed as provided in this sec- 
tion. The members of the board shall be nominated 
by the governor and by and with the consent of the 
senate, shall be appointed on or before the third Mon- 
day in February of each biennial session of the legis- 
appointed. ^ ^" lativc asscmbly, for a period of four years from said 



Income from 
land grant. 



Trustees — 
number. 



STATE OF NORTH DAKOTA 



181 



Term of office. 



date; provided, however, that the first board of trus- 
tees shall be appointed by the governor at once upon 
the taking effect of this article, and provided, further 
that the term of the first board shall be, three mem- 
bers for a period of four years and two members for 
a period of two years the length of the term of the 
respective trustees to be designated by the governor 
in making the appointments. Such appointments 
shall be made by and with the consent of the senate, 
when the legislative assembly is in session, otherwise 
the trustees appointed shall qualify and hold office un- 
til their successors are appointed and qualified. The 
governor shall have power to fill all vacancies which 
may occur in said board when the legislative assembly 
is not in session, and the members of said board shall 
hold their office until their successors are appointed 
and qualified as provided herein. 



Vacancies. 



Sec. 1175. MEETINGS OF BOARD. COM- 
PENSATION.— The board shall hold its meetings at 
the city of Ellendale, in Dickey county, and fix the 
time for holding the same. They shall not hold to 
exceed six regular meetings each year ; provided, that 
the president of the board shall have power to call 
special meetings, whenever in his judgment it becomes 
necessary. At their first meeting they shall proceed 
"to elect a president and a secretary, but the secretary 
need not be a member of the board of trustees, and 
at said meeting they shall adopt a seal for said state 
industrial school. A majority of the board shall be 
a quorum. Each trustee and the secretary shall re- 
ceive three dollars per day for each day necessarily 
employed in attendance upon sessions of the board, 
and five cents per mile for each mile necessarily trav- 
eled, to be paid on presentation of proper vouchers 
containing an itemized statement of the number of 
days in attendance and miles actually traveled as 
above provided, duly verified by his oath and approved 
by the president and secretary of the board, and the 
state auditor shall audit such claims and draw his 
warrants upon the state treasurer for the amount so 
allowed. 

Sec. 1176. OATH. BOND. PLANS AND 
SPECIFICATIONS.— Before entering upon the du- 
ties of his office each member of said board of trus- 
tees shall take and subscribe an oath as follows : "'I 
do solemnly swear that I will support the constitution 



Meetings — 
when, where, 
number. 



Organization. 



Quorum. 



Compensation. 



Oath. 



182 



GENERAL SCHOOL LAWS 



Bond. 



of the United States and the constitution of the state 
of North Dakota and will faithfully discharge the 
duties of board of trustees of the state industrial 
school according to the best of my ability ; that I have 
not received and will not knowingly and intentionally, 
directly or indirectly receive any money or other con- 
sideration from any source whatever for any vote or 
influence I may give or withhold or for any other offi- 
cial act I may perform as such trustees, except as 
herein provided." He shall also execute a bond in 
the penal sum of three thousand dollars, for the use 
and benefit of the state of North Dakota, with two or 
more good and sufficient sureties to be approved by 
the governor, and be filed with the secretary of state, 
conditioned upon the faithful performance of his du- 
ties and the honest and faithful disbursement of and 
accounting for all moneys which may come into his 
hands under the provision of this article. The mem- 
bers of said board having taken the foregoing oath 
and executed the bond as aforesaid are hereby em- 
powered and required to cause to be prepared suitable 
plans and specifications by a competent architect. Such 
plans shall contemplate the erection of a building or 
buildings which will accommodate not less than one 
hundred nor more than five hundred students, and 
shall be accompanied by specifications and by a de- 
tailed estimate of the amount required and description 
of all material and labor required for the erection and 
full completion of the building or buildings ; and no 
plan shall be adopted that contemplates the expendi- 
ture of more money for its completion than the 
amount reasonably necessary to carry out the object 
of said institution. 



Plans and 
specifications 
for building. 



Architect to 

superintend 

construction. 



Proposals for 
building. 



Sec. 1177. SUPERINTENDENT OF CON- 
STRUCTION. PROPOSALS FOR BUILDING. 
■ — The said board of trustees shall employ the architect 
whose plans and specifications are accepted to act as 
superintendent, of construction, who shall receive for 
such plans and specifications and for superintending 
construction such pay as the board by agreement -may 
determine; which pay shall not exceed an amount 
equal to five per cent of the estimated cost of said 
building. , Whenever the said plans and specifications 
shall have been approved and adopted by a majority of 
the board of trustees they shall cause to be -inserted in 
at least two of the daily' newspapers published in the 



STATE OF NORTH DAKOTA 



183 



state of North Dakota, and having a general circula- 
tion therein an advertisement for sealed bids for the 
construction of the buildings herein authorized, and 
they shall furnish a printed copy of this article, and 
a copy of the plans and specifications to any person 
or persons applying therefor; provided, said trustees 
may advertise as aforesaid whenever there shall be a 
sufficient amount of money to the credit of said in- 
dustrial school with which to construct all or any part 
thereof deemed expedient by said trustees to erect or 
construct ; provided, further, that said building or 
buildings shall be erected on the piece or parcel of 
land at or near the city of Ellendale, in Dickey county, 
donated by the citizens of said city, and now held in 
fee simple by the state of North Dakota. No trus- 
tees or officers of said industrial school shall be in any 
way interested in any contract for the erection of said 
building or buildings or furnishing any material for 
said buildings, and if any such officer be so interested 
he shall be deemed guilty of a misdemeanor and on Penalty, 
conviction be fined in any sum not exceeding five 
thousand dollars. 



V/here to be 
erected. 



Who not to be 

interested in 
contracts. 



jSec. 1178. TREASURER TO KEEP FUNDS. 
ACCOUNTS, HOW AUDITED.— All moneys that 
may accrue from the interest and income derived from 
the renting and sale of lands hereinbefore appropriat- 
ed and all moneys that may hereafter be appropriated 
by the legislative assembly of North Dakota including 
all moneys raised I'n any other manner for said school 
shall be deposited with the state treasurer, to be by 
him kept in a separate fund, which shall be known 
as the state industrial school fund ; and such funds 
shall be used exclusively for the benefit of said school 
as may be herein or hereafter provided. The board 
of trustees of the state industrial school shall audit all 
accounts against the funds appropriated by the legis- 
lative assembly of the state of North Dakota, or held 
by the state for the use of the state industrial school, 
and the state auditor shall issue his warrant upon the 
state treasurer for the amount of all accounts which 
have been so audited and allowed by the board of trus- 
tees and attested by the president and secretary of said 
board. The board of trustees of the state industrial 
school shall direct the disposition of all moneys ap- 
propriated, or that may hereafter be appropriated by 
the legislative assembly of the state of North Dakota, 
or may hereafter accumulate in any manner in the 



State treas- 
urer custodian 
of funds. 



How kept. 



Audit of ac- 
counts. 



Disposition of 
funds — how 
directed. 



184 



GENERAL SCHOOL LAWS 



state industrial school fund. The board shall have 
the power to receive all donations, gifts and bequests 
that may be offered or tendered to or for the benefit 
of such school, and dispose of the same. All moneys 
coming into the hands of such board shall be immedi- 
ately covered into the state treasury to the credit of 
the state industrial school fund. 



Gifts, dona- 
tions, etc. 



Instructional 
force. 



Faculty, 
powers. 



,Sec. 1179. ■ FACULTY.— The board of trustees 
shall have power to employ a president and necessary 
teachers, instructors and assistants to conduct such 
school, and to prescribe their respective duties and to 
fix the salaries of such employes. They shall have 
power to remove the president, instructors and assist- 
ants and to fill all vacancies. The faculty shall con- 
sist of the president, teachers and instructors, and it 
shall pass all needful rules and regulations for the 
government and discipline of the school and all such 
rules and regulations as are necessary for the preser- 
vation of morals, decorum and health. 

Sec. 1180. REPORTS.— The' faculty shall make 
an annual report to the board of trustees on or before 
the first Monday of November of each year, showing 
the condition of the school and containing such rec- 
by^and'to^ ^^ ommeudations as the welfare of the institution shall 
demand. The board of trustees shall make a report 
to the governor on or before the fifteenth day of No- 
vember next preceding each biennial session of the 
legislative assembly, containing the several reports of 
the faculty herein provided for, and showing the con- 
dition of the funds appropriated for the school, the 
money expended and the purpose for which the same 
was expended in detail, and showing the number of 
students in attendance, the work accomplished by 
them, and the condition of the school in general. 



whom. 



Military in- 
struction. 



Military Instruction Required at Normal and 
Industrial School. 

(Chapter 167 Session Laws of 190^.) 

Sec. 1. MILITARY INSTRUCTION RE- 
QUIRED. — The state normal-industrial school is au- 
thorized and required to give theoretical and practical 
instruction in military science under such rules and 
regulations as the faculty of said institution may pre- 
scribe. 



STATE OF NORTH DAKOTA 



185 



Muskets loaned. 



Sec. 2. INSPECTION BY ADJUTANT GEN- 
ERAL. — Such company or companies as may be or- 
ganized and drilled at said institution shall be subject inspection, 
to regular inspection by the adjutant general of the 
state of North Dakota, or by an officer detailed for 
that purpose. 

iSec. 3. MUSKETS TO BE LOANED.— The 
adjutant general is hereby authorized to loan to said 
state normal-industrial school fifty muskets and ac- 
coutrements, or such part thereof as may be available, 
for efficiently organizing and drilling said company 
or companies, the adjutant general to prescribe the 
terms upon which such loan may be made. 

Sec. 4. APPROPRIATION.— There is hereby 
appropriated out of the state treasury for said state 
normal-industrial school from any moneys not other- 
wise appropriated, the sum of one hundred fifty dol- 
lars annually for the purchase of such stores as may 
be necessary for target practice. 



Appropriation. 



Article 13. — School of Forestry. 

Sec. 1231. SCHOOL OF FORESTRY. LO- 
CATED. — A state school of forestry, to be. known as 
the North Dakota school of forestry, is located at Bot- 
tineau, in the county of Bottineau, state of North 
Dakota, by virtue of the vote taken thereon according 
to law. The object of the school of forestry shall be 
to furnish the instruction and training contemplated 
in an agricultural high school, emphasizing those sub- 
jects that have a direct bearing on forestry and horti- 
culture. (See Const. Sec. 216, Sub. 4.) 

Sec. 1232. MANAGEMENT.— The said school 
shall be under the direction of a board of directors, 
and shall be governed and supported as hereinafter 
provided. The board of directors shall consist of 
three members, to be appointed by the governor with 
the consent and advice of the senate, two of whom 
shall be appointed for the term of two years and one 
for a term of four years. Thereafter and at each 
biennial session of the legislative assembly, and on or 
before the third Monday in February during each 
session, there shall be nominated by the goverrifor, and 
by and with the advice and consent of the senate, ap- 
pointed for the term of four years, commencing on 
the first Tuesday in April following such appointment, 
directors to fill vacancies occurring by the expiration 



School of For- 
estry. 



Object. 



Course of 
study. 



Location. 



Directors. 



Appointment 
and term. 



186 



GENERAL SCHOOL LAWS 



Vacancies. 



Oath. 



Organization, 



Quorum. 



Meetings — 
when, where, 
number. 



Compensation. 



Special meet- 
ings. 



Audit of ac- 
counts. 



of the term of office of those previously appointed. 
The governor shall have power to fill all vacancies in 
said board which may occur when the legislative as- 
sembly is not in session, and the members of said 
board shall hold office until their successors are ap- 
pointed and qualified as provided by this article; pro- 
vided, further, that in all cases where the governor 
has made an appointment to fill a vacancy when the 
legislative assembly is not in session the term of office 
of the director or directors so appointed shall expire 
on the first Tuesday I'n April following the next ses- 
sion of the legislative assembly. 

Sec. 1233. COMMISSION. OATH. ORGAN- 
IZATION. — The governor shall cause to be issued to 
each of said directors a commission which shall be 
under the seal of the state. At the first meeting of 
said board the members thereof shall take and sub- 
scribe the oath of office required of all civil officers of 
the state, and shall then proceed to elect a president, 
secretary and treasurer, but the treasurer shall not be 
a member of said board of directors. A majority of 
said board shall be a quorum for the transaction of 
business. , The board shall require a 'bond of its 
.treasurer, and fix the amount thereof. {See Appen- 
dix D. — Note 22.) 

Sec. 1234. MEETINGS. COMPENSATION.— 
The board of directors shall hold its meetings at 
Bottineau and fix the time of holding the same ; pro- 
vided, there shall not exceed three regular meetings in 
each year. The members shall receive as compensa- 
tion for their services three dollars per day for each 
day employed, and all traveling expenses necessarily 
incurred therein, which sum shall be paid out of the 
state treasury upon vouchers of said board duly certi- 
fied by the president and secretary thereof, which sum 
is hereby appropriated therefor. The president of 
said board shall have power to call special meetings 
whenever in his judgment it becomes necessary. 

Sec. 1235. ACCOUNTS, HOW AUDITED.— 
The board shall audit all accounts against the funds 
appropriated by the legislative assembly of the state of 
North Dakota, or held by the state for the use of the 
school of forestry, and the state auditor shall issue 
his warrants upon the state treasurer for the amount 
of all accounts which shall have been so audited and 



STATE OF NORTH DAKOTA 



187 



allowed by the board of directors and attested by the 
president and secretary of the same. 

Sec. 123G. REPORT.— The board of directors 
shall make a report to the governor on or before the 
first Monday in December next preceding each bien- 
nial session of the legislative assembly, to be pub- 
lished in the biennial report of the superintendent of 
public instruction, in addition to the other publication 
as "provided by law. 



State Reform School. 

Sec. 10325. STATE REFORM SCHOOL AT 
MANDAN. CONTINUATION AND USE.— 
The state reform school located at Mandan, in the 
county of Morton, shall continue to be the general re- 
form and industrial school of the state for the deten- 
tion, instruction and reformation of such juvenile 
offenders against the laws and good order thereof, of 
both sexes under the age of eighteen years, as may be 
committed to it according to law for detention, in- 
struction and discipline therein. 

Article 1. — Board of University and School 
Lands. 

Sec. 152. BOARD, HOW CONSTITUTED.— 
The governor, secretary of state, state auditor, attor- 
ney general and superintendent of public instruction 
shall constitute the board of university and school 
lands. The governor shall be president ; the secre- 
tary of state, vice president, and the superintendent 
of public instruction secretary thereof. In the ab- 
sence of the superintendent of public instruction at 
any meeting of the board, the deputy superintendent 
of public instruction shall act as secretary, but shall 
not be entitled to a vote. Such board, when acting 
as such, must act personally ; no member can be rep- 
resented on such board by an assistant or clerk. 

Sec. 153. BOARD, POWERS OF.— Subject to 
the provisions of article 9 of the constitution and the 
provisions of this article, such board shall have the 
full control of the selecting, appraisement, rental, sale, 
disposal and management of all school and public 
lands of the state, including the real property donated 
to the territory of Dakota under the provisions of 
chapter 104 of the laws of 1883, except such as has 
been sold, and the investment of the permanent funds 



Report of 
directors. 



Reform school 
— continuation 
and use. 



Of whom com- 
posed — officers 
must act per- 
sonally. 



full 



Shall have 
control of 
school and 
public land?. 



Appoint agent. 



188 



GENERAL SCHOOL LAWS 



derived from the sale thereof, or from any other 
source, and shall have power to appoint a competent 
person to act as the general agent of the board in the 
performance of all its duties pertaining to the selec- 
tion, sale, leasing or contracting in any manner al- 
lowed by law, and the general control and manage- 
ment of all matters relating to the care and disposition 
of the public lands of the state, all of whose official 
acts shall be subject to the approval and supervision 
of the board. The title of such agent shall be com- 
missioner of university and school lands, and before 
entering upon his duties as such he shall take the oath 
prescribed for civil officers and give a bond in the 
penal sum of ten thousand dollars, with not less than 
two sureties, to be approved by the board, and record- 
ed in the office of the secretary of state and filed, when 
recorded, in the office of the state treasurer. 



Title and qual- 
ifications of 
agent. 



Meetings and 
quorum. 



Board invests 
funds. 



Sec. 154. MEETINGS OF BOARD.— Such 
board shall meet at the office of the commissioner on 
the last Thursday of each month, at ten o'clock in the 
forenoon. Special meetings of the board may be 
held at any time at the written call of the president or 
any two members of the board. Any three members 
of the board shall constitute a quorum. 

Sec. 155. BOARD INVESTS FUNDS. COM- 
PENSATION OF BOARD. CONDITIONS OF 
LOANS. — Said board shall have power, and it is 
made its duty from time to time to invest any money 
belonging to the permanent funds of the common 
schools, university, school of mines, reform school, 
agricultural college, and the school for the deaf and 
dumb, normal schools and all other permanent funds 
derived from the sale of public lands or from any 
other source, in bonds of school corporations or of 
counties, or of townships, or of municipalities within 
the state, bonds issued for the construction of drains 
under the authority of law within the state, bonds of 
the United States, bonds of the state of North Dakota, 
bonds of other states ; provided, such states have nev- 
er repudiated any of their indebtedness, or in first 
mortgages on farm lands in this state, not exceeding 
i'n amount one-third of the actual value of any sub- 
division on which the same may be loaned, such value 
to be determined by the board of appraisal of school 
lands; provided, at least one-third of the whole 
amount of the several permanent funds aforesaid, as 



STATE OF NORTH DAKOTA 



189 



Compensation 
of board. 



Condition 
of loans. 



computed by the commissioner of university and 
school lands at the end of each fiscal year, shall be 
invested in first mortgages on cultivated farm lands 
in this state, if there is a sufficient demand for invest- 
ment in such loans; provided, further, that for said 
services as such board of appraisal, the county audi- 
tor and county superintendent of schools shall receive 
only their necessary traveling expenses, but that the 
chairman of the board of county commissioners shall 
be entitled to the same mileage and per diem as when 
serving on the board of county commissioners. The 
first mortgages on farm lands in this state shall be 
made only in the manner following, to-wit : 

1. The first mortgages on farm lands and each of 
them, shall run for a period of time not to exceed 
twelve years, and the funds so invested shall bear in- 
terest at the rate of five per cent per annum, payable 
annually to the county treasurer of the county in 
which such lands are located. For the first five years 
payments shall consist only of interest, paid annually 
and commencing with the sixth year the inter- 
est shall be paid annually as above stated, and 
the borrower shall have his option of paying 
ten per cent or any multiple thereof of the 
principal at any interest bearing date, and the interest 
when paid shall be covered into and become a part of 
the interest and income fund. 

2. First mortgage loans shall only be made upon 
cultivated lands within the state, and to persons who 
are actual residents thereof, and in no case on lands 
of which the appraised value is less than ten dollars 
per acre, and in sums not more than five thousand 
dollars, to any person, firm or corporation. 

3. Any or all of said mortgages may be satisfied at 
any time after three years from the date when made 
on payment of the whole amount due thereon ; pro- 
vided, if the loan is sought to be paid ofif in full pre- 
vious to the time specified for payment in the con- 
tract, then the party so paying said loan shall pay in 
addition to the principal and interest then due on such 
loan the interest on the principal for six months in 
advance of date of such payment. All proceedings 
in regard to investments in first mortgages as provid- 
ed in this chapter shall conform to and be governed 
by the laws of the state of North Dakota in such case 
made and provided. Said board of university and 
school lands shall not purchase or approve the pur- 



190 



GENERAL SCHOOL LAWS 



Satisfaction 
mortgages. 



Records. 



of 



Funds to be 
held by state 
treasurer. 



Also be custo- 
dian of securi- 
ties. 



chase of any bonds or mortgages except at a legal 
session thereof, nor unless every member of the board 
is notified by the secretary of said board in time to be 
present at such meeting, and notified also that the 
question of purchasing or acting on a proposition for 
the purchase of certain bonds or mortgages is to be 
considered at the meeting, nor unless a majority of 
all the members vote in favor of such purchase, and 
the vote on the purchase of every bond and mortgage 
shall be taken by the yeas and nays and shall be duly 
recorded in the books of the board. 

Sec. 2. SATISFACTION OF MORTGAGE 
LOANS ON REAL ESTATE.— The governor and 
superintendent of public instruction, who are re- 
spectively the chairman and secretary of the board of 
university and school lands, are hereby empowered 
and required to jointly satisfy real estate mortgages 
given to the board of university and school lands 
whenever the loans secured by such mortgages shall 
have been fully paid, as attested by the records in the 
office of the state treasurer. 

Sec. 3. REPEAL. — All acts or parts of acts in 
conflict with this act are hereby repealed. 

Sec. 156. RECORDS TO BE KEPT BY SEC- 
RETARY. — The secretary shall enter in a suitable 
book kept for that purpose a full and correct record 
of all the proceedings of said board at each session 
thereof, which record when approved shall be signed 
by the president or presiding officer of the meeting 
and the secretary. 

Sec. 157. TREASURER CUSTODIAN OF 
FUNDS. — All moneys belonging to the permanent 
funds of the common school and other public institu- 
tions derived from the sale of any of the public lands 
or from any other source shall be paid to and held by 
the state treasurer and be subject to the order of such 
board, and shall be paid over to order of the board 
for investment as provided in section 155 of this ar- 
ticle, whenever the board requires the same for such 
investment. The state treasurer shall also be the cus- 
todian of all bonds, notes, mortgages and evidences of 
debt arising out of the management of the permanent 
funds derived from the sale of any of the public lands 
of the state or from any other source. 



STATE OF NORTH DAKOTA 



191 



Treasurer to 
collect moneys 
due. 



Sec. 158. INVESTMENTS. HOW UNPAID 
MONEYS TO BE COLLECTED.— It shall be the 
duty of the state treasurer, from time to time as the 
same become due, to collect all moneys due and owing 
on any and all of the securities held by him for in- 
vestment or for permanent funds, and from time to 
time, whenever required by the board, to make report 
of the amount of such collections to the board, and a 
duplicate of the same to the state auditor. If any 
such moneys shall remain unpaid for thirty days af- 
ter the same shall become, due and payable, he shall 
make report in detail of all such unpaid amounts to 
the board who shall place the matter in the hands of 
the attorney general for collection whenever they 
shall deem it for the best interests of the state so to 
do, whose duty it shall be to proceed to collect the 
same by civil action, to be brought and prosecuted in 
the name of the state. 



Past due ac- 
counts attor- 
ney general to 
collect — when. 



Sec. 159. FORECLOSURE. ASSIGNMENTS. 
—Mortgage loans made under the provisions of this 
chapter may be foreclosed either by action or adver- 
tisement, in the same manner and upon the same no- 
tice as required in other real estate foreclosures. 
When foreclosure is made by action said action shall 
be brought and prosecuted in the name of the state ; 
provided, further, that the board of university and 
school lands may, and it is hereby authorized and em- 
powered to assign any or all of said mortgages, when- 
ever in the judgment of said board it will be for the 
best interests of the state so to do ; provided, how- 
ever, that said board shall not accept as a considera- 
tion for said assignment any amount less than the 
principal and interest due upon said mortgage or 
mortgages. Such assignments when made shall be 
executed by the governor and attested by the secre- 
tary of state with the great seal of the state of North 
Dakota attached. 

Sec. 160. MANNER OF INVESTING PER- 
MANENT FUNDS.— In the investment of perman- 
ent funds under its control such board shall author- 
ize the state auditor to draw his warrant on the state 
treasurer, payable out of the proper fund, for the 
purchase of the bonds or mortgages, which warrant 
previous to delivery, shall be registered by the state 
treasurer in a book provided for that purpose. 



Foreclosures. 



Assignments. 



Permanent 
funds — how 
invested. 



192 



GENERAL SCHOOL LAWS 



Sec. 161. INCIDENTAL EXPENSES OF 
BOARD, HOW PAID.— The necessary incidental 
expenses of the board shall be paid out of the state 
treasury, and upon satisfactory vouchers therefor the 
state auditor shall issue hi's warrant for the same. 



Incidental ex- 
penses — pay- 
ment of. 



Interest — ap- 
propriation for. 



Commissioner 
— term of office. 



Vacancy. 



Compensation. 



Deputy. 



Powers and 
duties of com. 
missioner. 



Sec. 163. APPROPRIATION FOR INTE:REST. 
— There is hereby annually appropriated such sums as 
shall be found necessary for the expenses of purchase, 
and payment of accrued interest at the time of the 
purchase, of investment bonds or mortgages for the 
permanent funds under the control of said board, pay- 
able from the respective fund for which said pur- 
chase is made. 

Sec. 163. TERM OF OFFICE OF COMMIS- 
SIONER. — The first term of office of the commis- 
sioner provided for in this article shall be for three 
years from the date of his appointment and until his 
successor is appointed and qualified, and after the ex- 
piration of the first term, a^ll succeeding terms shall be 
two years, and until his successor is appointed and 
qualified, subject to removal by the board. In case 
of vacancy by death, removal, resignation or any other 
cause, the board shall fill the same by appointment. 

Sec. 164. SALARY OF COMMISSIONER.— 
The commissioner shall Teceive an annual salary of 
one thousand eight hundred dollars. 

Sec. 165. DEPUTY COMMISSIONER.— By 
and with the consent of the board, the commissioner 
may appoint a chief clerk, who before entering upon 
any of the duties devolving upon him by said appoint- 
ment shall take and subscribe the oath of office re- 
quired by law and shall execute to the state a bond 
with one or more sureties in the penal sum of five 
thousand dollars conditioned for the faithful dis- 
charge of his duties. 

Article 2. — Land Commissioner. 

Sec- 166. DUTIES.— The commissioner, under 
such directions as may be given by the board of uni- 
versity and school lands, shall have general charge 
and supervision of all lands belonging to the state, of 
all lands in which the state has an interest or which 
are held in trust by the state. He shall have the cus- 
tody of all maps, books and papers relating to any of 
the public lands mentioned in this article. He shall 



STATE OF NORTH DAKOTA 



193 



Records. 



Seal. 



procure the proper books, maps and plats in which to 
keep a complete record of all lands owned or held in 
trust by the state for schools, public buildings and for 
all other purposes, and shall keep true record of all 
the sales, leases, permits, patents, deeds and other 
conveyances of such lands made by the state, amount 
of money paid, date of sale and payment, description 
of land sold or leased, number of acres thereof, name 
of purchaser and designation of the fund that should 
be credited therewith. He shall direct all appraise- 
ments, sales, leases; shall execute all contracts of sale, 
leases, permits or other evidences of disposal of the 
lands subject to approval by the board. Upon all con- 
tracts, leases or permits issued by the commissioner 
he shall certify the book and page where the same is 
recorded. He shall have an official seal with a pro- 
per device thereon; and the seal of the commissioner 
affixed to any contract of purchase, receipt or other 
instruments issued by him, duly countersigned by him 
as approved by the board, according to the provisions 
of this article, is prima facie evidence of the due exe- 
cution of such contract or other paper. He shall bi- 
ennially report to the legislative assembly through the 
board his work during the preceding term, showing 
the quantity of lands sold or leased and the amount 
received therefor, the amount of interest moneys re- 
ceived to the credit of the several funds, expense of 
administration of his department, and all such other 
matters relating to his office as shall be necessary. It 
shall also be the duty of the land commissioner to re- 
ceive and present to the board of university and 
school lands all ofiFers for sale of bonds. He shall 
also prepare all bonds in connection with the invest- 
ment of the permanent school fund. He shall keep 
such books as rnay be necessary to register and de- 
scribe all bonds and mortgages purchased or taken 
by the board of university and school lands for the 
benefit of any of the permanent funds under its con- 
trol. Such books shall be ruled so as to permit the ^^^^ records, 
registry of the name and residence of the person 
offering to sell any such bonds or mortgages, the dis- 
trict for which such offer is made, a description of the 
property covered by the mortgage, and a full and 
detailed description of every bond, whether United 
States, state or school district, and the date, number, 
series, amount and rate of interest to each bond and 
when the interest and principal respectively, are pay- 



Report. 



—IS— 



194 



GENERAL SCHOOL LAWS 



able ; and such record shall be made of every such 
bond and mortgage before the board shall act upon 
the question of purchasing the same. He shall also 
keep in suitable books a record showing a detailed 
quarterly statement of the condition of all the perman- 
ent funds under control of said board, the amount of 
each fund, how invested, when due, interest paid and 
any other act in any manner connected with the man- 
agement of said funds, and shall biennially report all 
such investments to the governor to be laid before 
the legislative assembly. All such records and record 
books shall at all times be open for inspection by the 
public. 



Quarterly 
statement of 
funds. 



Records pub- 
lic. 



County board 
of appraisers. 



Duty. 



Appraisal of 
lands. 



Article 3. — Appraisement and Sale of School 
Lands. 

Sec. 167. COUNTY BOARD OF APPRAISAL, 
DUTIES OF.— The county superintendent of 
schools, the chairman of the board of county commis- 
sioners and the county auditor of each county shall 
constitute the "County Board of Appraisers" of the 
public lands of the state in and for their county. The 
county board of appraisal in each county shall upon 
the request of the board of university and school 
lands, designate on or before such date as it may 
specify, the public lands of the state in their county, 
that in its judgment can be sold for teti dollars an acre 
or upwards on the terms prescribed in this article, 
designating the tracts separately and giving an ap- 
proximate estimate of their selling value. Thereupon 
the commissioner shall, if so ordered by the board of 
university and school lands, prepare a list and order 
an appraisal of such lands as shall be designated in 
such list, and it is made the duty of such board of ap- 
praisers within ten days after the receipt of such list 
to examine such lands and appraise them at their cash 
value, as nearly as can be determined, describing each 
tract or subdivision in parcels not greater than one 
hundred and sixty acres, more or less, according to 
the government survey, and in smaller subdivisions 
thereof if so listed by the commissioners, and set op- 
posite each described tract or parcel of land the ap- 
praised value per acre thereof ; and when such ap- 
praisal is completed, which shall not be later than thir- 
ty days after the receipt of the order directing it, the 
county board of appraisers, or the members of the 
same who made such aopraisement, shall certify to its 



STATE OF NORTH DAKOTA 



195 



correctness, and make duplicate copies thereof, one of 
which shall be forwarded immediately to the board of 
university and school lands, and the other filed in the 
office of the county auditor for reference. And in 
addition to the appraisal of such lands the county board 
of appraisal shall furnish such other information re- 
garding the lands as may be required by the commis- 
sioner in the manner and form prescribed by him. 
The report of such appraisal shall be verified by each 
of such appraisers, and shall disclose any interest, 
real or contingent, that any of such appraisers has 
in any of the lands or improvements so appraised. 
Any appraiser who wilfully makes any false state- 
ment in such report, relative to such interest in any 
of the lands so appraised or improvements thereon, 
shall be deemed gwilty of a misdemeanor. For all 
services performed under the requirements of this 
article the appraisers shall be paid at the rate of three Compensation. 
dollars per day and actual traveling expenses, upon 
vouchers approved by the secretary of the board of 
university and school lands to be paid by the state 
treasurer upon warrants issued by the state auditor, 

<Sec. 168. SELECTING AND CERTIFYING 
LANDS FOR SALE.— The commissioner shall from 
the list of lands so appraised and reported by the 
county board of appraisers select all such tracts as 
have been appraised at ten dollars per acre and up- 
wards and upon approval of such selections by the 
board of university and school lands shall make and 
certify to the county auditors the list of lands in their 
respective counties that are offered for sale, and when 
transmitting such list shall designate the day and 
hour for the sale thereof ; provided, that such sales 
shall take place only between the hours of ten o'clock 
A. M. and five o'clock P. M. and to be continued from 
day to dcty until all the lands advertised for sale shall 
have been sold or offered for sale except that adjourn- 
ments may be made for any intervening Sunday or 
legal holiday. 

Sec. 169. NOTICE OF SALE TO BE PUB- 
LISHED. — The board of university and school lands 
shall cause to be published in a newspaper of general 
circulation in the vicinity of the lands to be offered 
for sale as prescribed by section 158 of the consti- 
tution, a notice of such sale with the list of lands pro- 
perly described that are to be offered for sale, together 



Selection and 
sale ,of lands. 



Published 
notice of sale. 



196 GENERAL SCHOOL LAWS 

with the appraised value thereof and the terms and 
conditions of sale, and also publish notices of all 
sales for the same length of time in one newspaper 
published at the seat of government. 

Sec. 170. MANNER OF SALE.— On the day 
and hour appointed for such sale the commissioner, 
except as hereinafter provided, shall proceed to sell or 

conducted. offer for sale at public auction to the highest bidder, 

at the court house or at the place where the terms of 
the district court' are held, of the county where the 
lands are situated, the lands so advertised ; offering 
them for sale and selling in the order in which they 
occur in the advertisement for sale. Such lands as 
have not been specially subdivided shall be offered in 
tracts of one-quarter section, according to the subdi- 
visions thereof by the United States survey, and those 
so subdivided in the smallest divisions thereof. No 

apprais^ed va^iue tract shall be sold for less than its appraised value, 

—or more. and in no case for less than ten dollars an acre. When- 
ever the commissioner cannot attend the sale in per- 
son such sale may be made by the deputy land com- 
missioner or any other person designated and author- 
ized by the board of university and school lands. 

Sec. 171. TERMS OF SALE.— Each tract of 
land shall be sold upon the following terms : The pur- 
chaser shall pay one-fifth of the price in cash at the 

Sale— terms of. time of Sale, and the remaining four-fifths as follows : 
One-fifth in five years, one-fifth in ten years, one-fifth 
in fifteen years and one-fifth in twenty years, with in- 
terest at six per cent per annum on all the unpaid 
principal in advance. The highest bidder for any of- 
fered tract shall be declared the purchaser thereof, 
and shall immediately pay over to the county treas- 
urer the amount of one-fifth of the purchase price as 

Re-saie— Specified in the terms of sale. In case the purchaser 

"ff^^^- fails to pay the amount so required to be paid at the 

time of such sale, such commissioner or whoever may 
be conducting the sale, shall immediately reoffer such 
lands for sale, but no bids shall be received from the 

^^sIn^^\o^°tak"' person SO failing to pay as aforesaid ; and the person 
refusing or neglecting to make such payment shall for- 
feit the sum of one hundred dollars for each tract so 
purchased by him. 

Sec. 172. ADJOURNMENT OF SALE.— No 
adjournment of the sale can be made after its opening, 

founimelit of. cxccpt as provided in section 168 of this article, but. 



STATE OF NORTH DAKOTA 



197 



when the interest of the state will be subserved there- 
by, the board of university and school lands may, at 
any time not less than two weeks preceding the date 
fixed for opening such sale, make an order post- 
poning the same to such date as may be fixed in such 
order, which shall not be more than sixty days, giving 
due notice of the same to the county auditor, who shall 
publish such notice of adjournment and the day fixed 
for the same, for two successive weeks in the same 
papers in which the notice of sale is published ; but the 
adjournment of any sale shall not require continued 
publication of the list of lands beyond the time speci- 
fied in this -article for such publication. i 

Sec. 173. WITHDRAWAL OF LANDS FROM 
SALE. — The board of university and school lands 
may, in its discretion, on or before the day of sale, 
withdraw any or all lands that may have been adver- 
tised for sale or included in any list to be ofifered in 
any county, and upon such withdrawal shall notify 
the auditor of such county, specifying the lands in- 
cluded in such notice of withdrawal, who shall there- 
upon strike such lands from the lists in his office, and 
public notice of withdrawal shall be given at the day 
of sale before any such lands are ofifered. 



Lands with- 
drawn when. 



County auditor 
clerk of sale. 



Sec. 174. COUNTY AUDITOR TO ACT AS 
CLERK AT SALE. APPROVAL OF SALE.— 
The county auditor shall act as clerk of all land sales 
and leases made in his county, and it shall be his duty 
within five days after such sale or lease shall have 
been concluded to certify to the board of university 
and school lands a list of lands sold or leased as pro- 
vided in this article, with the price thereof, and the 
name of the purchaser or lessee of such tract, the 
amount for which the lands are sold or leased, the 
amount of money paid by such purchaser, and the 
amount of principal remaining unpaid, and the board 
of university and school lands shall approve and con- 
firm the sale or lease of every such tract, as upon ex- 
amination of such certified lists and such further in- 
formation and investigation as shall be deemed neces- 
sary, shall be found to have been sold or leased in ac- 
cordance with the law and without fraud or collusion. 
For the services imposed by this article the county 
auditor shall be allowed the sum of three dollars per Compensation 
day for each and every day so engaged, to be paid ^°'^ ^^^^^' 



Approval of 
sale. 



198 



GENERAL SCHOOL LAWS 



Purchaser 
notice to. 



out of any appropriation for the expenses of apprai- 
sal and sale of public lands. 

Sec. 175. NOTICE TO PURCHASER. EXE- 
CUTION OF CONTRACT.— Immediately upon ap- 
proval of the sales by the board of university and 
school lands, the secretary of such board shall pre- 
pare and certify a list of said approved sales to the 
commissioner, who shall without delay execute dupli- 
cate contracts in the form prescribed by the board, and 
forward the same to the county auditor of the county 
where the land was sold, whereupon it is made the 
duty of the county auditor to notify each purchaser 
in writing of the approval of the sale to him, and to 
appear within ten days after the date of such notice 
and pay the county treasurer the amount of interest 
on the deferred payments as specified in the contract 
and execute the contracts of sale, and a failure so to 
appear and execute such contract shall act as a for- 
feiture of the payment made by the purchaser at the 
sale. When the contracts are properly executed by 
the purchaser and the amount of money due thereon 
shall have been paid to the county treasurer, the copy 
marked duplicate shall be delivered to him and the 
original returned to the land commissioner, and each 
contract so returned fully executed shall have on its 
face in the place noted for such purpose the notation 
of the date of delivery to the purchaser, and all con- 
tracts not executed by the purchaser shall be returned 
to the land commissioner with a written statement 
thereon of the reason for such return. 



Execution of 
contracts. 



Sales void — 
when. 



Surveys — 
when made. 



Sec. 176. SALES, WHEN VOID.— Any sale 
made by mistake, or not in accordance with law, or 
obtained by fraud, shall be void, and the contract of 
purchase issued thereon shall be of no effect; but the 
holder of such contract shall be required to surrender 
the same to the board of university and school land?, 
who shall, except in case of fraud on the part of the 
purchaser, cause the money to be refunded to the 
holder thereof. 

Sec. 177. SURVEYS TO BE MADE WHEN 
NECESSARY. — ^Whenever it appears to the board of 
university and school lands necessary in order to as- 
certain the true boundaries of any tracts or portions 
of lands, or to enable the commissioner to describe or 
dispose of the same in suitable and convenient lots, it 



STATE OF NORTH DAKOTA 



199 



Subdivision of 
land, when. 



may order all such necessary surveys to be made and 
the expenses shall be paid out of the state treasury as 
other incidental expenses of the board of university 
and school lands are paid. 

Sec. 178. SUBDIVIDING LAND INTO SMALL 
TRACTS OR LOTS, WHEN TO BE MADE.— 
Whenever in the opinion of the board of university 
and school lands the interests of the state will be pro- 
moted by laying off any portion of the land under its 
control into small parcels or city, town or village lots, 
the board may order such commissioner to cause the 
same to be done and have the same appraised in the 
same manner as hereinbefore prescribed. 

Sec. 179. SALE OF LOTS. NEW APPRAISAL. 
— All parcels or lots so appraised shall be subject to 
sale in the same manner and upon the same terms and 
conditions and the contract of purchase shall have the 
same effect, as in the case of other lands for which 
provision is made in this article, and at the prices at 
which the same are severally appraised, until a ne\w 
appraisal is made, which the board of university and 
school lands may in its discretion order at any time, in 
the manner aforesaid, and with the like effect but no 
lots or parcels so appraised shall be. sold for less than 
the minimum price of said land, established in this 
article. 



Re-appraisal 
subdivisions. 



of 



Sec. 180. MAP TO BE ENTERED OF REC- 
ORD. — Whenever the commissioner shall lay off any 
tract of land into small parcels or lots, as provided in pj^^ record, 
this article, he shall cause a correct map of the same 
to be entered of record in the county where said lands 
are situated. 

Sec. 181. CONTRACTS OF PlIRCFLVSE. 
RIGHTS UNDER. — Contracts of purchase, issued 
pursuant to the provisions of law, entitle the purchaser, 
his heirs or assigns, to the possession of the lands pjgjjtg ^f p^r- 
therein described, to maintain actions for injuries done chaser under 
to the same, or any action or proceeding to recover 
possession thereof, unless such contract has become 
void by forfeiture; and all contracts of purchase I'n 
force may be recorded in the same manner that deeds 
of conveyance are authorized to be recorded. 

Sec. 182. ASSIGNEE OF PURCLIASERS.— 
Each assignee of a bona fide purchaser of any of the 



200 



GENERAL SCHOOL LAWS 



Assignment of 
contracts. 



Surrender and 
division of con- 
tracts. 



Approval and 
fees. 



Contract may- 
be voided on 
failure to pay 
principal or 
interest. 



Discretion of 
board. 



lands mentioned in this article is subject to and gov- 
erned by the provisions of law applicable to the pur- 
chaser of whom he is assignee; and he shall have the 
same rights in all respects as an original purchaser 
of the same class of lands. ^ 

Sec. 183. CONTRACTS MAY BE SURREN- 
DERED AND TWO OR MORE ISSUED, WHEN. 
— Whenever the holder of any contract of purchase 
of any state or school land shall surrender the same 
to the comimissioner with a request to have the same, 
divided into two or more contracts, it shall be lawful 
for the commissioner to issue the same ; provided, that 
the proposed subdivision shall be only in the smallest 
of the regular government or state subdivisions ; and, 
provided, that no new contracts shall issue while there 
is due and unpaid any interest, principal or taxes on 
the principal contract of sale, nor in any case where 
the commissioner shall be of the opinion after an ex- 
amination of the lands, if necessary, that the security 
would be impaired and endangered by the proposed 
division, nor until such proposed change shall have 
the approval of the board of university and school 
lands, and for all such new certificates a fee of five 
dollars for each certificate so issued shall be paid by 
the applicant, which fee shall be paid into the state 
treasury and become a part of the expense fund of the 
board of university and school lands. 

Sec. 184. CONTRACT VOIDABLE ON FAIL- 
URE TO PAY PRINCIPAL OR INTEREST.— In 
case the annual interest due on the first day of Jan- 
uary in any year shall not be paid within thirty days 
thereafter by the purchaser or by any person claiming 
under him, the contract shall, from the time of such 
failure, be voidable. In case an installment on the 
purchase price shall not be paid within thirty days af- 
ter the same becomes due by the provisions of contract 
of sale, the contract, from the time of such failure 
shall be voidable. And in all cases where any con- 
tract becomes voidable by reason of failure to make 
the payments required by the contract and the terms 
of this section, the board of university and school 
lands may in their discretion declare such contracts of 
sale void ; and in case of such declaration, shall notify 
the holder thereof of such declaration, by written 
notice mailed to his postoffice address and send a du- 
plicate copy thereof to the auditor of the county in 



STATE OF NORTH DAKOTA 



201 



Right of re- 
demption 
where contract 
is voided. 



which such land is situated, and order the commis- 
sioner to take possession of the land described in such 
contract. 

Sec. 185. REDEMPTION BEFORE RESALE. 
— In all cases where the rights of a purchaser, his 
heirs or assigns, become forfeited under the provisions 
of this article, by failing to pay the amounts required, 
such purchaser, his heirs or assigns, may, before the 
resale at public auction of the lands described in such 
contract, pay to the state treasury the amount of in- 
terest due and payable on such contract, and all costs 
^ which have been incurred in addition thereto, together 
with interest at the rate of twelve per cent per annum 
on the interest and costs so due from the date of de- 
linquency to the date of payment, and such payment 
shall operate as a redemption of the rights of such 
purchaser, his heirs or assigns, and such contract 
from the time of such payment shall be in full force 
and effect, as if no forfeiture had occurred ; provided, 
that after the rights of a purchaser, his heirs or as- 
signs, shall have become forfeited under the provisions 
of this article, the board of university and school 
lands shall have the power, and it is hereby made their 
duty, to provide for the resale of said land so forfeited 
if in their opinion a resale of said land shall be most 
advantageous to the state, otherwise the said board 
shall provide for the leasing of said land from year to 
year as herein provided, and after a lease of said land 
shall be made by said board, the lessee, his heirs and 
assigns, shall be entitled to the full and absolute pos- 
session of all said lands and premises so leased. 



Sec. 186. FEE IN STATE UNTIL CONTRACT 
FULFILLED. — The fee of each parcel of such lands 
shall be and remain in the state until the patents here- 
inafter provided for are issued for the same respect- 
ively, and no patent shall issue until full payment of 
all sums and full compliance with all the conditions 
of the contract of purchase, and in case of non-com- 
pliance by the purchaser, his heirs or assigns, with the 
terms of the contract as aforesaid, or with the provi- 
sions of law applicable thereto, and any and all per- 
sons being or continuing in possession of any such 
lands after a failure to comply with the terms of the 
contract as aforesaid, or with such provisions of law, 
as aforesaid, without a written permission of the com- 
missioner, shall be deemed and held to detain such land 



No fee passes 
until patent 
issues. 



Patent to 

— when. 



202 



GENERAL SCHOOL LAWS 



Action to re- 
cover posses- 
sion. 



Governor to 
reconvey to 
United States 
— when. 



Patents. 



How executed. 



Recording 
patents. 



Taxation — 
when lands 
subject to. 



forcibly and without 
thereon. 



right, and to be trespassers 



Sec. 187. RECOVERY OF POSSESSION.— In 
case any person holds or continues in possession of 
any of the land mentioned m this article, contrary to 
the conditions or covenants of any lease or written 
agreement, he shall be liable to an action of forcible 
detainer, or any other proper action for the recovery 
of possession of such lands and damages for deten- 
tion of the same. 

Sec. 188. RECONVEYANCE TO THE UNIT- 
ED STATES. — In all cases where lands have been 
erroneously or improperly certified or conveyed to the 
state of North Dakota for school or other purposes by 
the United States, the governor of the state is author- 
ized to reconvey or relinquish by the execution, under 
his hand and seal of the state, of such conveyances as 
will be necessary to convey or relinquish the title 
which the state may have to such lands. 

Sec. 189. PATENTS, WHEN TO ISSUE.— 
When any land sold under the provisions of this arti- 
cle has been fully paid for, and all terms of the con- 
tract of purchase fully complied with, the board of 
university and school lands shall so certify to the gov- 
ernor, who shall thereupon issue to the purchaser 
thereof, his heirs or assigns, a patent conveying the 
title of the state to such land, and the governor shall in 
like manner issue a patent to any purchaser of the 
rights, title and interest of the original purchaser, his 
heirs or assigns, acquired by any execution sale. All 
such patents shall be signed by the governor and at- 
tested by the secretary of state with the great seal of 
the state of North Dakota, and shall be countersigned 
by the board of university and school lands with the 
seal of the secretary of said board. 

Sec. 190. PATENTS TO BE RECORDED.— 
The registers of deeds of the several counties of this 
state are authorized to record all patents issued by the 
governor pursuant to the provisions of this article ; and 
the records thereof shall have the same effect as the 
record of other conveyances executed according to the 
laws of this state. 

Sec. 191. TAXATION OF LANDS AFTER 
SALE. PURCHASER OF TAX CERTIFICATE. 
— The commissioner shall, as soon as possible after 



STATE OF NORTH DAKOTA 



203 



Rights of 

purchasers 
tax sale. 



the sale of lands, transmit to the auditor of each coun- 
ty, in which any lands mentioned in this article have 
been sold, a detailed description of each parcel of the 
land so sold and the names of the purchasers, and the 
auditor shall extend the same upon his tax duplicate 
for the purpose of taxation, and the same shall there- 
upon become subject to taxation the same as other 
lands, and the taxes assessed thereon, collected and 
enforced in like manner as against other lands ; pro- 
vided, however, that the purchaser at tax sale of any 
such lands sold for delinquent taxes shall only acquire 
by virtue of such purchase, such rights and interest as 
belong to the holder and owner of the contract of sale 
issued by such commissioner under the provisions of 
this article, and the right to be substituted I'n the place 
of such holder and owner of such contract of sale, as 
the assignee thereof; and upon the production to the 
proper officer of the tax certificate given upon such tax 
sale, in case such lands have not been redeemed, such 
tax purchaser shall have the right to make any pay- 
ment of principal or interest then in default upon such 
contract of sale, as the assignee thereof. But no tax 
deed shall be issued upon any tax certificate procured 
under the provisions of this act while the legal title of 
said lands remains in the state of North Dakota. 
Whenever the contract for the sale of any of said 
lands has been canceled, it shall be the duty of the 
commissioner to notify the auditor of the county in 
which such lands are located, of said cancellation and 
thereafter such lands shall not be listed for taxation, 
but in the event of the redemption of any such lands, 
the redemptioner shall pay as taxes in addition to all 
other charges an amount equal to the tax list levied 
thereon for each year such land was not listed for taxa- 
tion, together with such interest and penalty as would 
have been charged, if the same had been regularly 
listed and taxed. 



No tax deed — 

when. 



Taxation — 
when sale 
celled. 



Sec. 192. COLLECTIONS, HOW MADE. DU- 
TIES OF COUNTY TREASURER.— The purchas- 
ers of any land mentioned in this article and the les- 
sees of any such lands, or their executors, administra- 
tors or assigns, shall pay to the county treasurer of the 
county in which such land lies, any and all amounts to"county 
that may become due from time to time upon such ■ *''^^^"'""'- 
contracts or leases for principal, interest, penalties or 
rent, and for the amounts so paid the county treasurer 



Payments 
on contracts 
may be made 



204 



GENERAL SCHOOL LAWS 



Disposition of 
funds. 



shall give to such person a duplicate receipt specifying 
Duty of treas- the amouut paid, date. of payment, the number of the 
contract or lease and the description of the land for 
which the payment is made, name of the person mak- 
ing such payment, nature of the payment, whether for 
interest, principal, penalty or rent and for what year 
and a separate receipt shall 'be given for each contract 
or lease, and a separate receipt for each year's interest, 
and principal and interest shall not be included in the 
same receipt. All moneys received by each county 
treasurer under the provisions of this article shall at 
all times be held by him subject to the order and 
direction of the state treasurer and the board of uni- 
versity and school lands, and on the first day of each 
month or within fifteen days thereafter, the county 
treasurer of each county shall make a report to the 
commissioner of university and school lands of all 
moneys so collected by him during the next preceding 
calendar month, which report shall be in such form 
and on such blanks as may be prescribed and fur- 
nished by the commissioner, and a separate report 
shall be made for principal, interest, and rent, and 
such report shall embrace a list of all receipts for the 
month, briefly described, amount of each receipt, and 
the total amount collected for the month from each 
source. Such reports shall be duly certified by the 
county treasurer as correct and shall be by him trans- 
mitted forthwith to the commissioner of university 
and school lands, together with a triplicate of each 
receipt shown on each report. The county treasurer 
shall also and at the same time that he makes his re- 
port to the land commissioner, make a similar report to 
the state auditor, of the total amount collected from 
each of said sources for the month, which shall cor- 
respond with the amount reported to the land com- 
missioner as herein provided, from principal, interest, 
rent and other sources. As soon as possible after he 
has received the reports from the several county 
treasurers, as provided in section one of this act, it 
shall be the duty of the commissioner of university 
and school lands to check up and verify said reports 
from the records of his office and to apportion the 
several amounts to the funds to which the same are 
applicable, which apportionment he shall certify to the 
state auditor, who shall proceed to make drafts on 
the respective county treasurers in the same manner 
as drafts are made for state taxes, and to the credit 



STATE OF NORTH DAKOTA 



205 



Treasurer's _ 
bond , condi- 
tions of. 



of tlie proper funds as certified to him by the land 
commissioner. 

■Sec. 193. BOND OF COUNTY TREASURER. 
CONDITIONS OF.— The bond of each county treas- 
urer shall be conditioned for the honest and faithful 
discharge of all trusts and responsibility imposed by 
this article, and for the faithful payment of and ac- 
counting for all moneys received by him under the 
provisions of this article to the state treasurer or any 
other person entitled to receive the same, and the 
board of university and school lands shall on or before 
the first day of January, following any election for 
county officers, certify to the chairman of the board 
of county commissioners of each county the amount of 
money liable to come into the hands of the treasurer 
of the county under the provisions of this article, and 
the board of county commissioners shall add to the 
amount of the sum required on his regular official bond 
to the county double the sum so certified by the board 
of university and school lands, and the record of the 
proceedings of such board of county commissioners 
when fixing the amount of such bond shall specify in 
two separate items the aggregate amount of the bonds 
so made up, designating one sum as the amount to 
indemnify the county, and the other to indemnify the 
state for any losses incurred by reason of failure .to 
comply with the provisions of all laws regulating his 
duty. 

Sec. 194. FEES TO COUNTY TREASURER.— 
County treasurers shall be entitled to a fee of one-half 
of one per cent on each dollar collected or received 
and remitted by them in payment of principal or in- 
terest, fines, penalties and damages on state lands, 
which fee shall be payable from the general fund of 
the class of lands on which payment is made to such 
treasurer, and such fee shall be paid to the county 
treasurer on vouchers countersigned by the county 
auditor and approved by the commissioner of univer- 
sity and school lands and such approved vouchers shall 
be paid out of any appropriation for the expenses of 
appraisement and sale of such lands. 



Compensation 
of treasurer. 



Sec. 195. DUTY OF COUNTY AUDITOR.— 
The county auditor shall, at the time he is required 
by law to return abstracts of settlement to the state 
auditor, also forward to the land commissioner all du- 
plicate or triplicate receipts of principal, interest, 



Returns from 
county audi- 
tor. 



206 



GENERAL SCHOOL LAWS 



Commissioner 
to furnisli 
county treas- 
urer with list 
of lands sold. 



penalty^ or rental on state lands, with a certified State- 
ment of such collection by the county treasurer, speci- 
fying the amount of each item ; and he shall also make 
such return at any other time as may be required by 
the board of university and school lands. 

Sec. 196. LIST OF LANDS SOLD TO BE 
FURNISHED COUNTY TREASURER.— On or 
before the first day of December in each year the 
.commissioner shall cause to be made out and trans- 
mitted to county treasurers a statement showing the 
lands sold in their respective counties, the number of 
the contracts of purchase, the name of the person to 
whom each contract was issued, and the amount of 
both principal and interest due on each on the first 
day of January, together with such directions, instruc- 
tions and blanks as shall enable the county treasurers 
to carry out the provisions of this article. 

Sec. 197. TOWNSHIP ASSESSORS TO EX- 
AMINE STATE LANDS.— It shall be the duty of 
all township and district assessors, whenever required 
by the commissioner to examine and report on any 
lands designated to them by him, in the manner and 
form prescribed by him, and for such examination they 
shall be paid at the rate of three dollars per day for 
time actually engaged, upon vouchers approved by the 
commissioner. 



Assessors to 
examine lands. 



Cempensation. 



Records to be 
deposited with 
commissioner. 



Permanent 
fund. 



General fund. 



Sec. 198. TRANSFER OF RECORDS TO COM- 
MISSIONER. — All abstracts and conveyances of 
title to the state of North Dakota whether the said 
lands are held for penal, educational, charitable, school 
or other purposes, shall be, by those in whose charge 
such conveyances now are or may come, deposited 
with and remain in the control of the commissioner of 
university and school lands. 

Sec. 199. PERMANENT AND GENERAL 
FUNDS. — The principal accruing from all sales of 
school, university or other state lands under the con- 
trol of the board of university and school lands, as 
provided for in this article, shall become a part of the 
several permanent funds to which they respectively 
belong and shall not be reduced by any means what- 
ever. All moneys received as interest, for rents, 
penalties, permits or from any source other than from 
the principal of sales shall become a part of the gen- 
eral or current funds to which they respectively belong 
and shall be distributed as directed by law. 



STATE OF NORTH DAKOTA 



207 



Expenses- 
how paid. 



Sec. 200. QUANTITY OF LANDS TO BE • 
SOLD. — No' more than one-fourth of the common 
school lands of the state shall be sold within the first 
five years after they became saleable under the provis- Limitation on 
ions of section 155 of the constitution, nor more than ^^'^ °^ '^'^'^s. 
one-half of the remainder within ten years after the 
same became saleable as aforesaid. The residue 
may be sold at any time after the expiration 
of such ten years ; provided, however, that the coal 
lands of the state shall not be sold, but may be leased 
under the provisions of any law governing such leases. 
The words "coal lands" include lands bearing lignite 
coal. 

Sec. 20L EXPENSES OF SALE. HOW PAID. 
— The expenses of publishing notices of the sale of 
the university, school and all other public lands of the 
state shall be paid by the state treasurer upon the war- 
rant of the state auditor out of the general or current 
funds of the different institutions as designated in sec- 
tion 199, and such expenses shall be apportioned ac- 
cording to the receipts credited each fund from pro- 
ceeds of each and every sale. All bills for such pub- 
lishing shall be verified by the publisher and approved 
by the board of university and school lands. There is 
hereby annually appropriated out of any funds in the 
treasury not otherwise appropriated, the sum of four 
thousand dollars, or so much thereof as may be found 
necessary, for the purpose of paying the expense of 
appraising, advertising and selling common school, 
institution or other lands, under the control of the 
board of university and school lands. 

School Land Contracts. 

(Chapter 208 Session Lazvs of ipop.) 

Sec. 1. HOLDER OF CONTRACT FOR PUR- 
CHASE OF LAND FROM STATE MAY SUE.— 
Any person who shall hold any contract from the state 
through the board of university and school lands, or 
otherwise, for the purchase of any real property with- 
in the state, may maintain any action for injuries done 
the same ; also an action to recover possession thereof 
in the same manner as though he possessed the fee 
simple title to such lands ; provided, however, that in 
any action or proceeding by or against a railway 
company with reference«to right of way or otherwise, 
the court shall, in any judgment which it may enter, 



Action may be 
maintained for 
injuries to real 
estate. 



208 



GENERAL SCHOOL LAWS 



protect the interest of the state in and to such real 
property, to the extent that the value of such lands 
taken at the price agreed to be paid per acre to the 
state therefor, shall be directed to be paid to the proper 
officials of the state ; and upon such payment any claim 
of the state or any of its boards to such part of said 
property as shall be taken by the railway company 
shall be at an end. 



cultivated 
school lands. 



Article 4. — Lease of School Laistds. 

Sec. 202. LANDS SUBJECT TO LEASE.— All 
the common school lands and all other public lands of 
the state that are not of such value as will admit of ap- 
praisal at ten dollars or more per acre, at the time of 
T . , any regular appraisal, may be leased : provided, that 

Leasing of un- -^^ ° ^ I ■, r • j i ^i r- 

no leases can be granted for a period longer than live 
years, and only for pasturage and meadow purposes, 
and at a public auction after notice as hereinafter pro- 
vided; provided, further, that all of such school and 
public lands now under cultivation may be leased at 
the discretion and under the control of the board of 
university and school lands for other than pasturage 
and meadow purposes until sold ; provided, further, 
that in case of a sale of the land so leased during the 
term of the lease, the lessee to be given ninety days' 
notice, and provided, further, that at the expiration of 
said lease or within ninety days of the date of receiv- 
ing the aforesaid notice, the said lessee may remove 
from said lands so leased, all fences, sheds, water 
tanks, wind mills, etc., used upon said lands by said 
lessee.' All rents shall be paid annually in advance. 

Sec. 203. MAY LEASE CULTIVATED LANDS. 
— The commissioner of university and school lands is 
hereby authorized and empowered to lease cultivated 
school and institution lands in the several counties of 
the state for the period of two years for the purpose 
of summer-fallowing the first year and cropping the 
next, when in his opinion it is necessary so to do in 
order to clear the same of noxious weeds, said lessee 
to pay only one years rent for the same. When any 
lands are leased as above provided the party so leasing 
the same, before lease is approved by the board of 
university and school lands, shall pay to the county 
treasurer of the county in which the land is situated 
the total arnount of rent therefor. Should the lessee 
so renting the land as above provided, fail or neglect 



Leasing of 

cultivated 

lands. 



STATE OF NORTH DAKOTA 



209 



Appraisal of 
lands by 
county board 
for purpose of 
lease. 



Compensation. 



to summer-fallow the same at the proper time, the 
board of university and school lands in their discretion 
may declare the lease canceled and the amount paid 
thereon will thereby become forfeited. 

Sec. 204. APPRAISAL FOR LEASE BY 
COUNTY BOARD.— It shall be the duty of the coun- 
ty board of appraisers, each and every year if so ord- 
ered, to appraise in the same manner as all other lands 
that are listed for taxation are appraised, all the com- 
mon school and other public lands of the state in their 
respective districts that may be included in the order, 
making a return of all such appraisals to the board of 
university and school lands in the form prescribed on 
blanks furnished by the board ; such returns to be made 
on or before the first day of July of the same year ; and 
for any services performed as required by this article 
they shall be paid at the rate of three dollars per day, 
to be paid by the state treasurer out of the funds ap- 
propriated for the current expenses of such board. 
It shall be the duty of the board of university 
and school lands to equalize the appraisements 
so returned as to counties by adding thereto or 
taking therefrom such a uniform percentage as may in 
its judgment seem proper and fair in order to arrive at 
a just and equitable equalization between the several 
counties, and upon such valuation so fixed the board 
of university and school lands are authorized to fix a 
per cent per acre as the minimum price at which the 
land can be leased ; provided, that the lowest price of 
lands leased for pasturage cannot be below one-half of 
one per cent of the average value in the county, and 
for any cultivated lands in the county the lowest price 
cannot be below two and one-half per cent of the 
appraised value of each cultivated tract. And when 
advertising the same for lease they shall set opposite 
each description the value thereof as equalized by 
them, which valuation shall form the basis for leasing 
the same. 



Equalizing ap- 
praisements. 



Rates. 



Sec. 205. SELECTION OF LANDS FOR 
LEASE. — The board of university and school lands 
shall have the power, and it is hereby made its duty to 
select from the lands so appraised such tracts as in 
the judgment of the board can be leased with profit to 
the school and other permanent land funds of the state, 
or as the legislature may by law order to be leased, and 
shall at such time as in its judgment is for the best 



Lands for 
lease — how 
selected. 



—14— 



210 



GENERAL SCHOOL LAWS 



interests of the state, proceed to advertise for lease and 
offer for lease, in each succeeding year, such lands as 
have thus been selected. 

Sec. 206. ADVERTISEMENT FOR LEAS- 
ING. — All such lands to be leased or offered for lease 
lying within the respective counties shall by the board 
of university and school lands be advertised for lease 
by publication once a week for not less than sixty 
days in some newspaper or newspapers of general 
circulation in the vicinity of such lands. Such ad- 
vertisement shall contain the designation or proper 
description of each tract or parcel of land so to be 
leased, the appraised value of each tract and the per 
cent on such valuation fixed by the board as the min- 
imum price at which such land can be leased and the 
terms of the lease. A copy of such advertisement 
shall also be posted in a conspicuous place at the court 
house of the county, and a notice of the time and 
place where the said lands are to be leased shall also 
be published for not less than sixty days in one news- 
paper at the seat of government by such board of 
university and school lands ; provided, that if in the 
opinion of the board there will not be sufficient of 
such lands situate in any county leased to warrant the 
expense of advertisement in a newspaper, by descrip- 
tion of each tract or parcel, the notice may be given 
by general advertisement. 



Notice of 
leasing — how 
given. 



What shall 
contain. 



Notice posted. 



Leasing — how 
conducted and 
by whom. 



Sec. 207. MANNER OF LEASING. BY 
WHOM MADE. HOW CONDUCTED.— It shall 
be the duty of the commissioner of university and 
school lands or such other person as may be appointed 
by the board of university and school lands, to con- 
duct the leasing of such lands in accordance with the 
provisions of this article and such directions as shall 
be prescribed therefor by the board; provided, that 
the leasing shall be at public auction to the highest 
bidder at the court house or place where terms of the 
district court are held, commencing on the day speci- 
fied in the advertisement for such lease and between 
the hours of ten o'clock a. m. and five o'clock p. m. 
to continue from day to day until all tracts or parcels 
of land advertised for lease shall have been leased or 
offered for lease ; but the time for leasing the same 
shall not exceed ten days in any county, except that 
an adjournment may be made over the Sabbath or any 
legal holiday. In counties where a large number of 



STATE. OF NORTH DAKOTA 



211 



tracts of land are to be leased the l^nd situated in cer- 
•tain townships may be designated in the advertisement 
to be leased on certain specified days and in such case 
such lands shall be leased or offered for lease on such 
specified days, or for want of time for the leasing or 
offering for lease of all such designated lands the leas- 
ing of those unoffered may be adjourned until the fol- 
lowing day or days, when they must be the first lands 
offered for lease. Such lands as shall not have been 
specially subdivided shall be leased or offered for lease 
in tracts of one-quarter section each, and those so sub- 
divided in the smallest subdivision thereof. Notice 
must be given when the land is offered that all bids 
are subject to approval of the board. At the time of 
offering the lands for lease the county auditor of the 
county shall act as clerk, and it shall be his duty to 
make report thereof ; stating the terms of such leas- 
ing, as is prescribed in section 174 for making reports 
of sales. 

Sec. 208. BIDDERS TO PAY FIRST YEAR'S 
RENT AT TIME OF LEASING. PROVISIONS 
FOR FAILURE TO PAY.— The highest bidder for 
any parcel of land shall at once deposit the amount of 
his bid with the county treasurer, who shall act as 
treasurer of said leasing, failing to do which the bid 
of the next highest bidder shall be accepted under like 
conditions ; provided, his bid shall not be less than the 
minimum price as fixed under and in pursuance of 
section 204. 

Sec. 209. ADJOURNMENT OF LEASE.— 
Whenever the board of university and school lands 
finds that the interests of the state will be subserved 
by the adjournment of the time for offering lands for 
lease, the authority conferred by section 172 for ad- 
journment of sales is made applicable to the leasing 
of lands. 

Sec. 210. APPROVAL OF LEASE AND EXE- 
CUTION OF CONTRACT FOR LEASE. THE 
BOARD OF UNIVERSITY AND SCHOOL 
LANDS TO HAVE POWER TO LEASE TO 
APPLICANTS IN CERTAIN CASES.— Immedi- 
ately upon receipt of the report of the county auditor 
as required by this article, the board of university and 
school lands shall approve and confirm the lease of all 
such tracts as in its judgment should be made, and 
shall at once certify a list of the approved leases to the 



County 
clerk. 



auditor 



Highest bidder 
must deposit 
amount of bid. 



Next bid ac- 
cepted when. 



Lease — ad- 
journment of. 



Approval 
lease. 



of 



212 



GENERAL SCHOOL LAWS 



Contract. 



When board 
may lease. 



Timber — what 
lessee may use. 



commissioner, who shall without delay execute dupli- 
cate contracts of lease in the form prescribed by the' 
board, and forward to the lessee a copy marked "du- 
plicate," the "original" being filed in the office of the 
commissioner, who shall also forthwith certify to the 
auditor of the proper county, a list of such leases as 
have been approved by the board. In case any of 
the lands in any county remain unleased after the date 
advertised for the leasing, the board shall have au- 
thority to make contracts of lease for said lands to the 
first applicant therefor at not less than the minimum 
price thereof. 

•Sec 211. LESSEE NOT TO DESTROY TIM- 
BER. — No lessee of any of the common school or 
public lands of the state, or his heirs or assigns, shall 
cut down or take away from such tract any timber, 
trees or wood, or suffer or cause the same to be done 
by any person, except that such lessee may cut down 
or use such amount of dead or prostrate trees, or tim-. 
ber as may be sufficient to supply him with fuel for his 
family, or the families of his employes actually resid- 
ing upon said tract, and further, that such lessee, his 
representative or assigns may, during his term or with- 
in a reasonable time thereafter remove any pump, 
curbing, fencing, or any other improvement he may 
have placed thereon or received from any preceding 
occupant or lessee of the land. Any lessee violating 
the provisions of this section shall forfeit his lease and 
all rights and interests thereunder, and shall be liable 
to the state for damages sustained by the state by rea- 
son thereof and shall be guilty of a misdemeanor. 

Sec. 212. LESSEE NOT TO BREAK UNCUL- 
TIVATED LAND.— No lessee, or the heirs or as- 
signs of any lessee, of any of the common school or 
public lands of this state, leased for meadow or pas- 
turage purposes, or of school or public lands leased 
for the purpose of cultivation, which may contain any 
uncultivated or unbroken land, shall break, plow or 
cultivate any unbroken land on any tract so leased, or 
cause or suffer it to be done by any other person. And 
any lessee, or his heirs Or assigns, who shall violate 
the provisions of this section shall incur the same for- 
feitures and liabilities as are provided in the preced- 
ing section, and shall also be guilty of a misdemeanor. 
■ Sec. 213. HAY NOT TO BE CUT BEFORE 
JULY FIRST. — No lessee or his heirs or assigns. 



Removal of 
improvements. 



Penalty for 
violation of 
law. 



Uncultivated 
land must not 
be broken. 



Penalty. 



STATE OF NORTH DAKOTA 



213 



Hay — when 
may be cut. 



Authority of 
board over 
hay and timber. 



shall mow or cut for hay or feed any grass on any 
unbroken land, or cause or suffer the same to be done 
by any other person prior to the first day of July in any 
year. And any lessee or his heirs or assigns, who 
shall violate the provisions of this section shall incur 
the same forfeitures and liabilities as are provided in 
section 211, and shall also be guilty of a misdemeanor. 
Sec. 214. BOARD OF UNIVERSITY AND 
SCHOOL LANDS TO GRANT PERMITS TO 
CUT HAY AND REMOVE DEAD AND DOWN 
TIMBER. — The board shall have authority, when in 
its judgment it is for the best interests of the state so 
to do, to sell the right to cut grass on any of the public 
lands of the state and sell any down and dead timber 
on said lands for such price, terms and conditions 
as they may think proper, but no dead timber, if stand- 
ing, shall be deemed to be included in the sale unless 
expressly so specified in the permit. All such per- 
mits shall only be for the current season and between 
the fifteenth day of June and the first day of April of 
the following year ; and no control of rights of occu- 
pancy of said land shall be other than what is specified 
in such permit ; said permit shall be sold by the several 
county treasurers, whose duties and compensation 
shall be prescribed by the board of university and 
school lands, but said compensation shall be based 
upon a percentage of amounts of money collected and 
remitted to the state treasurer from said sale of grass 
and timber in their respective counties. All permits 
shall be paid for in advance. 

iSec. 215. TRESPASS UPON PUBLIC LANDS. 
CIVIL ACTION FOR.— Whoever commits any tres- 
pass upon any of the lands owned, or held in trust, 
or otherwise by the state shall be liable in treble dam- 
ages in an action to be brought in the name of the 
state, if such trespass is adjudged to have been willful; 
but single damages only shall be recovered in such ac- 
tion if such trespass is adjudged to have been casual 
and involuntary. 

Sec. 216. BOARD EMPOWERED TO LEASE. 
— The board of university and school lands is hereby 
authorized and empowered to lease for coal mining 
purposes any lands under its control designated as 
common school lands and all other public lands of 
the state owned or held in trust by the state or 
granted to any public institution of the state, which 



Trespass — 
action for. 



Lands may be 
leased for 
mining pur- 
poses. 



214 



GENERAL SCHOOL LAWS 



Manner of 
leasing. 



contain coal including therein lignite coal. Any 
lease so made shall be for such period of time as 
such board may determine. 

Sec. 217. HOW ADVERTISED.— The manner 
of advertising and leasing such lands for coal mining 
purposes and approval and execution thereof, shall 
'be the same as provided in sections 206, 207 and 210. 

Sec. 218. MIMMUM PRICE.— Such lands shall 
not be leased for coal mining purposes for a less sum 
than ten cents per ton of 2240 pounds for each and 
every ton of coal mined thereon; provided, that no 
lease of any such land for such purpose shall be made 
for less than $10 per annum for each and every forty- 
acre tract or fraction thereof, it being expressly pro- 
vided that at the time of the making and execution' 
of such lease and annually thereafter, there shall be 
paid by the lessee an amount equal to $10 for every 
forty-acre tract of land so leased or any fraction 
thereof to the person and in the manner prescribed 
herein or by the rules and regulations of the board 
of university and school lands ; it being further pro- 
vided that upon such lessee mining any coal thereon 
during a period of one year from and after the date 
of such payment, such lessee shall have credit upon 
the amount due under the terms of such lease on 
tonnage for the amount paid at the execution of 
such lease or at the time of the annual payment there- 
after made as hereinbefore provided; the amount re- 
ceived for the lease of any such land for coal mining 
purposes to be used in the same manner and for the 
same purpose as is provided for other money received 
for the lease of common school and other public 
lands. 



Price to be 
paid. 



Rules for de- 
termining ren- 
tal. 



Sec. 219. BOARD AUTHORIZED TO MAKE 
RULES. — The board of university and school lands 
is hereby authorized to make such rules and regula- 
tions as shall be by it deemed necessary for the man- 
ner of determining the amount of rent due under any 
such lease, the manner and time of payment and for 
such other conduct of the business of such leasing not 
in conflict with the provisions of the law now in force. 

Sec. 220. LEASE NOT TO INTERFERE 

WITH RIGHTS TO LEASE FOR PASTURE OR 

Right to rent MEADOW. — The leasing of any such land for coal 

reserved.^" ^^ mining purposcs shall not interfere with, the right and 



STATE OF NORTH DAKOTA 



215 



Restrictions. 



authority of such board to lease the same land for pas- 
ture or meadow purposes, and each and every lease so 
made for coal mining purposes shall contain therein 
a provision plainly and explicitly reserving to such 
board the right to so rent such lands for pasture and 
meadow purposes without such renting in any manner 
affecting the conditions or terms of such lease for coal 
mining purposes, and reserving to the said board the 
right to use, occupy and lease the surface of all such 
lands ; provided, that any such lessee for coal mining Exception, 
purposes shall have the right to the use and occupancy 
of so much of the surface of such lands as may be 
necessary for entry dumps, buildings, tramways or 
other railways, roadways or uses in the mining, stor- 
ing and shipping of coal mined thereon. 

Sec. 221. LEASING RESTRICTED.— No leas- 
es shall be made of any such lands having coal or lig- 
nite coal thereon for pasture or meadow purposes, ex- 
cept there shall be contained in such lease a provision 
authorizing the leasing of the same land for coal min- 
ing purposes and reserving to the said board the right 
to use and occupy, or lease for use and occupancy, 
and authorizing the use and occupancy of so much 
of the surface of said land as shall be required by any 
lessee of the same for coal mining purposes, for the 
use and purposes set forth in section 220. 

Sec. 222. BOARD TO MAKE SCHEDULE OF' 
LANDS. — The 'board of university and school lands 
shall, as soon as possible, and by the best means at its 
command, and with the assistance of the state geolo- 
gist, proceed to ascertain and determine the quantity 
and description of all common school or other public 
lands under its control, on which coal or lignite coal 
exjsts, and make and compile a statement and 
schedule of all such lands. 

Sec. 223. PENALTY FOR VIOLATION.— Any 
person, firm or corporation who shall mine, remove 
or cause to be mined or removed, from any common' 
school land, or other public lands in the state, any 
coal or lignite coal, except the same shall be so mined 
or removed under and by virtue of the terms of this 
act, shall be liable to the state of North Dakota in 
damages in the sum of one dollar for each and every 
ton of coal or lignite coal so mined and removed, and 
shall be deemed guilty of a misdemeanor and, upon 
conviction thereof, shall be punished by a fine of not 



Schedule of 
lands. 



Mining without 
lease — penalty 
for. 



216 



GENERAL SCHOOL LAWS 



Willful tres- 
pass. 



What 



Penalty. 



less than two hundred and fifty dollars, nor more 
than one thousand dollars, or by imprisonment in the 
county jail for not less than thirty days nor more than 
one year or by both such fine and imprisonment ; each 
and every day or fraction of a day so occupied in 
mining or removing- such coal or lignite coal from any 
such land, is hereby declared to be a separate offense 
against the provisions of this act. 

Sec. 224. WILLFUL TRESPASS. PENALTY. 
— Whoever commits any willful trespass upon any of 
the lands owned or held in trust or otherwise by this 
state, either by cutting down or destroying any timber 
or wood standing or growing thereon, or by carrying 
away any timber or wood therefrom, or by mowing or 
cutting or removing any hay or grass standing or 
growing or being thereon, or who injures or removes 
any buildings, fences, improvements or other property 
belonging or appertaining to said land or unlawfully 
breaks or cultivates any, of said lands or aids, directs 
or countenances such trespass or other injury shall be 
deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by imprisonment in the 
county jail not more than one year, or by fine not ex- 
ceeding five hundred dollars, or both such fine and im- 
prisonment, in the discretion of the court. And who- 
ever is occupying, residing upon or in possession of 
any school or other public lands owned or held in trust 
or otherwise by the state at the time of the passage, 
approval and taking effect of this act without a valid 
lease therefor shall be deemed and held to be a willful 
trespasser thereon and guilty of trespass upon 
such land, and upon conviction thereof shall be pun- 
ished as provided for in this section for any other act 
of trespass. 

Sec. 225. PROPERTY TO BE SEIZED.— In 
addition to the penalties provided for in this article 
against those committing trespass upon any of the 
ei-ed jfroin pub- lands owned or held in trust or otherwise by this state, 
seized? ° ^ the Commissioner is authorized and empowered with- 
out legal process to seize and take, or cause to be 
seized and taken any and all timber, grass, wood or 
other property unlawfully severed from such lands, 
whether the same has been removed from such lands 
or not, and may dispose of the property so seized and 
taken, either at public or private sale, in such manner 
as will be most conducive to the interests of the state; 



Willful tres- 
passer — who 



Property sev- 



STATE OF NORTH DAKOTA 



217 



and all moneys arising therefrom after deducting the 
reasonable and necessary expenses of such seizure and 
sale shall be made a part of the general fund belong- 
ing to the public lands and shall be distributed in ac- 
cordance with the provisions of this article. 

Sec. 226. DAMAGES. — All damages recovered 
for any trespass, or other injury upon or to any of 
the lands mentioned in this article, shall be paid over 
to the state treasurer for the benefit of the general 
fund to which the same properly belongs. 

Sec. 227. STATE'S ATTORNEY TO PROSE- 
CUTE AND REPORT.— The state's attorneys of the 
several counties shall promptly report to the commis- 
sioner all cases of trespass committed upon such 
lands, which may come to their knowledge, and shall, 
when directed by the attorney general, prosecute all 
actions for any trespass or injury thereto, or for re- 
covery of possession thereof, or otherwise. 

Sec. 228. EXPENSE OF ADVERTISING AND 
LEASING. — There is hereby annually appropriated 
out of any funds in the treasury not otherwise appro- 
priated the sum of two thousand dollars, or so much 
thereof as may be found necessary, for the purpose 
of paying the expense of advertising the common 
school lands for lease and the attendant expense of 
leasing the same. 

Sec. 229. FEES FOR SERVICE. DUTY 
OF COUNTY TREASURERS.— It shall be the duty 
of the commissioner of university and school lands 
to charge and collect the following fees: For each 
one year lease of school or other state lands, $1.50. 
For each lease for a period of more than one year, $3. 
For each contract for lands purchased, $5. For each 
patent, $5. For approving and recording each as- 
signment of school land contract, $5. For furnishing 
certified copies of school land contracts, $3. All fees 
must be paid in advance and when collected must be 
paid into the state treasury at the end of each month 
and be placed to the credit of the expense fund of the 
board of university and school lands. It shall be the 
duty of the county treasurer of any county where any 
such lands are leased or sold to collect the fees here- 
inbefore provided for at the time the first payment 
thereon is made for leases and contracts of. sale and 
transmit the same to the commissioner on the first day 
of each month. ' 



Proceeds to go 
to general 
fund. 



Damages go to 
general fund. 



State's attorney 
shall prosecute 
trespassers. 



Appropriation 
for leasing 
lands. 



Fees. 



Must be paid 
in advance. 



218 GENERAL SCHOOL LAWS 

Sec. 230. APPROPRIATION FOR EXPENSES 
OF BOARD. — There is hereby annually appropriated 
out of any funds m the treasury not otherwise appro- 
priated the sum of five thousand dollars or so much 
Ex enses of thereof as may be found necessary, for the salaries 
board —appro- and cxpcnscs of the commissioner of university and 
school lands, clerk hire, record books, blanks and all 
such other expenses as shall be necessarily incurred 
by the board of university and school lands in carry- 
ing out the provisions of this article, and such expens- 
es shall be paid out of the treasury, and upon satisfac- 
tory vouchers therefor the state auditor shall issue his 
warrant for the same. 



■priation for. 



STATE OF NORTH DAKOTA 219 



APPENDICES 



APPENDIX A 



SPECIAL LAWS. 

The following special laws enacted by the legisla- 
tive assembly from 1877 to June 20, 1886, pertaining 
to the organization and government of independent ^p^'='^' '^^^• 
school districts and acts amendatory thereof are in 
full force and effect, to-wit : 

(a) "An act providmg a board of education for 
the city if Fargo, Dakota Territory, and regulating 
the management of the public schools therein," ap- 
proved February 20, 1879. 

(b) "An act providing for a school board for the 
city of Lisbon, and for further purposes," approved 
March 13, 1885. 

(c) "An act to create certain territory now within 
the school township of Brightwood, Richland County, 
Dakota Territory, as an independent school district, 
No. 1 (Hankinson), Richland county, Dakota Terri- 
tory," approved March 13, 1885. 

1(d) "An act establishing the independent school 
district of Walcott, Richland county, Dakota terri- 
tory," approved March 13, 1885. 

All other special and private laws pertaining to the 
establishment and management of schools in that por- 
tion of the territory of Dakota which now constitutes 
the state of North Dakota, have expired by their own 
limitation, or 'otherwise. 



220 



GENERAL SCHOOL LAWS 



APPENDIX B 



Failure to make 
report— penalty. 



Attorney gen- 
eral to prose- 
cute. 



STATUTES NOT INCLUDED IN SCHOOL 
LAWS. 

PENALTY FOR FAILURE TO MAKE REPORTS. 

Sec. 377. PENALTY FOR FAILURE TO 
MAKE REPORTS.— Any public officer who is re- 
quired to make an official report to any other officer, 
or board, who wilfully neglects to make such report 
at the time and substantially in the manner required 
by law, shall forfeit and pay to the state a penalty of 
not less than twenty dollars nor more than five hun- 
dred dollars, to be recovered from such delinquent of- 
ficer, or from him and the sureties upon his official 
bond. 

Sec. 378. ATTORNEY GENERAL- TO PRO- 
SECUTE. — Upon the wilful neglect of any public 
officer to make any report required by law it shall be 
the duty of the officer or board to whom such report 
should be made promptly to notify the attorney gen- 
eral of such failure to report, whose duty it shall be to 
investigate the neglect of duty complained of ; and, if 
in his opinion, the officer has not a sufficient excuse 
for such failure, the attorney general shall prosecute 
such officer for the recovery of the penalty above pro- 
vided. 



FILING BOND OF TREASURER. 

Sec. 409. BONDS OF TOWNSHIP AND 
SCHOOL DISTRICT OFFICERS.— It shall be the 
duty of each county auditor on or before the first day 
Bond of town- of March in each year to procure the proper blank 
district officers, bouds and scud them to the clerk of each township 
and school district, and all such officers required by 
law to give bonds shall procure such bonds from the 
proper clerk ; and shall immediately after the execu- 
tion and approval thereof hand the same to the clerk 
of the township, whose duty it shall b^ forthwith to 
file such bonds, except those of justices of the peace, 
with the county auditor, and the county auditor shall 
on receipt thereof examine such bonds and see that 
they are properly executed and, if he finds that any 
bonds are not executed according to law, he shall note 



STATE OF NORTH DAKOTA 



221 



Limit of. 



thereon any errors and return them to the clerk for 
correction and it is hereby made the duty of the clerk 
to have s'uch bonds corrected forthwith and return 
he same to the county auditor. Jhe county aud.^ 
.hall not issue any order upon the county treasurer 
for fvmds or monJy belonging to a civd townsh.p or 
school district to any Pe-on as treasurer ^of sucn 
township or school district until his bond has been 
filed as in this section provided. 

BONDS. 

Sec 2979 BONDED INDEBTEDNESS, FOR 
WHAT INCURRED. LIMIT.-Any city or mu- Bo^naed^^.n. 

^cipal corporation in this state -^y. ^^^ f.^^°^^^^^^^^^ - ed^^^ '' 
inrlehtedness for the purpose of erecting public scnooi 
b"d d"d other buildings for city P-P--, pu- 
cl L n- fire apparatus, putting in waterworks, sinking 
miblic we Is or cisterns and puttmg in sewers and im- 
nro^n J s r'eets, which said indebtedness together 
^\?h the indebt dness which then exists shall not ex- 
Sot as otherwise provided, exceed five per cent of 
1 f as's^es^ed valuati'on of the taxable P-P^^^;-- 
city or municipal corporation as ^^o^^. ^J, ;%['^'''" 
of the assessor for the year next precedmg the time at 
which such indebtedness shall be incurred. 

Sec 2980. BONDS, HOW ISSUED. ELEC- 
TION -The bonds issued for the purposes mentioned 
in die last section shall be issued by the city council or 
boird of trustees of any city or municipal corpora ion 
onW upon a majority vote of the qualified electors of 
s ch aty or municipal corporation voting thereon a 
an election regularlv called for that purpose and m 
^ccotdanc^ witli the' provisions of the charter of^such 
city or municipal corporation governing the issuance 
and sale of bonds; provided, that in all cities and mu- 
•nicipal corporations where the charter does not pro- 
vide ^or^he manner of calling and holding an election 
lor the purpose aforesaid, a special election shall be 
called and held as herem provided or such question 
may be submitted at any annual election. The city 
council or board of trustees at any regular meeting 
thereof may decide to call a special election to vote 
bonds for any of the purposes stated m section 2979, 
and the^' Shan give at least fifteen days' public notice 
of such%lection%y at least two P^^ications thereo in 
a weekly newspaper published therein, or if there is 



Bonds — liow 
issued. 



Election. 



222 



GENERAL SCHOOL LAWS 



no such newspaper then by posting such notice in five 
public places in such city. Such notice shall state 
the amount and denomination of the bonds to be voted 
for, the rate of interest thereof, the purpose for which 
such bonds are to be issued, the form of the ballots to 
be used and the time and place of holding such elec- 
tion. The judges and clerks shall be appointed and 
the election shall be conducted as provided by the 
charter of said city for conducting annual elections, 
and the returns shall be canvassed and in like man- 
ner returned. This article shall not be construed 
to limit or restrict the powers already conferred by 
any special charter upon any council of any city or 
municipal corporation. The bonds voted as provided 
for in this article shall be sold at not less than par 
value. 

Sec. 2988. BONDS MAY BE REFUNDED.— 
All bonds heretofore issued by any city or by or un- 
der the authority of the board of education of any 
city in this state for school or school house purposes 
may be refunded in the discretion of said board in 
the manner hereinafter provided, whenever there is 
not sufficient money in the treasury of such city appli- 
cable thereto, to pay such bonds. 



Bonds may be 
refunded. 



Denomination 
of bonds. 



Board of edu- 
cation to levy 
tax. 



Sec. 2989. DENOMINATION OF BONDS.— 
Said bonds shall be in denominations of not less than 
one hundred nor more than one thousand dollars, shall 
be numbered consecutively from one upward, shall 
bear the date of their issue, shall be made payable to 
the purchaser or bearer, shall be payable ten years 
from date, and shall bear interest at a rate of not ex- 
ceeding seven per cent per annum payable annually, 
with interest coupons attached, and principal and in- 
terest shall be made payable at such place as may be 
designated by the board of education. The bonds 
and each coupon shall be signed by the mayor and at- 
tested by the city clerk or auditor under the seal of 
the city. Said bonds shall be printed, engraved or 
lithographed on bond paper, and a duly authenticated 
copy of this article shall be printed on the back of 
each bond. ' 

Sec. 2990. BOARD OF EDUCATION TO LEVY 
TAX. — The board of education shall levy each year 
upon the taxable property of such city a tax sufficient 
to pay the interest on said bonds as the same accrues, 
and after five years from the date of said bonds an 



STATE OF NORTH DAKOTA 



223 



Bonds, how 
executed. 



annual sinking fund tax sufficient for the payment of 
said bonds at maturity, which taxes shall become due 
and be collected the same as other city taxes. 

Sec. 3991. BONDS, HOW EXECUTED.— The 
refunding of indebtedness and the issuance of bonds 
provided in this article shall be under the control and 
direction of the board of education, and a resolution of 
said board directing the execution of such bonds and 
specifying the number and amount of each bond shall 
authorize and require the mayor and city clerk or aud- 
itor to execute the same in the manner herein provid- 
ed, and deliver the bonds so executed to the board of 
education who shall provide for the sale and negotia- 
tion thereof or for the exchange of said bonds for out- 
standing bonds authorized to be refunded under this 
article, as they may deem best ; provided, that such 
refunding bonds shall not be sold or exchanged at less 
than par value. Both principal and interest of said 
bonds shall be paid by the city treasurer by warrants 
drawn upon the funds created therefor and issued un- 
der the direction of the board of education. A duly 
certified copy of the resolution of the board of edu- 



cation authorizing and directing the execution of such 



Princi'^al and 
interest to be 
paid city treas- 
urer. 



bonds by the mayor and city clerk or auditor shall be 
printed on the back of each bond. A register of all 
bonds so executed shall be made by the city clerk or 
auditor and kept in his office as a public record, show- 
ing the number, date, amount, interest, name of payee 
and when and where payable, of each and all bonds 
executed under the provisions of this article. And 
after such outstanding bonds shall have been so re- 
funded the same shall be placed in the hands of the 
city clerk or auditor after having had first marked 
across the face thereof in red ink the words "refunded 
bond;" and the city clerk or auditor shall thereupon 
make a record for each bond in the same manner pro- 
vided herein for bonds issued under this article and 
at the next regular meeting of the council shall can- 
cel and burn said bonds in the presence of the city 
council and make a record of such action in the pro- 
ceedings of the council. 

Sec. 3000. INTEREST FUND.— Any city, town 
or village in this state having not less than three thou- 
sand inhabitants is authorized and empowered through interest fund, 
its proper officers to levy and collect taxes not exceed- 
ing twelve mills on the dollar of the assessed valuation 



224 



GENERAL SCHOOL LAWS 



Penalty. 



of said city, town or village, for the purpose of creat- 
ing an interest fund with which to pay interest upon 
the existing bonded indebtedness of such municipal- 
ity, including bonds, if any, issued under the direc- 
tion of the respective boards of education therein. If 
any officer of such municipality shall use the moneys 
collected by virtue of this section for any other pur- 
pose than that expressed herein, he shall be guilty of a 
misdemeanor, and upon conviction thereof shall be 
fined not less than one hundred nor more than five 
hundred dollars or imprisonment in the county jail 
not less than thirty days nor more than one year. 

Sec. 3001. SINKING FUND.— They may also 
levy and collect taxes not exceeding four mills on the 
dollar for the purpose of creating a sinking fund to 
pay the bonds of the municipality as the same may ma- 
ture; and the proper officers of the municipality may 
invest the money in said fund in interest bearing se- 
curities of the state or of any organized county there- 
in or of the municipality, and shall in no other manner 
dispose of the money in said fund, and if any officer 
of such municipality shall use the money in said fund 
in any other manner than as provided in this section 
he shall be guilty of a misdemeanor. 



Sinking fund. 



Bonds from 
contractor on 
public im- 
provements. 



BONDS FOR LABOR AND MATERIAL FOR PUBLIC BUILD- 
INGS. 

Sec. 6252. BONDS FROM CONTRACTOR ON 
PUBLIC IMPROVEMENTS.— It shall be the duty 
of every public officer or board authorized to enter 
into a contract for the erection, repair, alteration or 
betterment of any public building or any other public 
improvements before entering into any such contract, 
to take from the contractor a good and sufficient bond 
for an amount at least equal to the price stated in the 
contract, conditioned to be void if the contractor and 
all subcontractors shall pay all bills and claims on ac- 
count of labor or materials furnished in and about the 
performance of said contract, including all demands 
of subcontractors, said bond to stand as security for 
all such bills, claims and demands until the same are 
fully paid. The obligee in said bond shall be the 
state of North Dakota; but any person having any 
lawful claim against the contractor, or any subcon- 
tractor, on account of labor or materials, or both, fur- 
nished in and about the performance of said contract, 



STATE OF NORTH DAKOTA 



225 



Sureties. 



may institute an action to recover the same in his own 
name upon said bond; in the same manner and with 
Hke effect as though the said bond were made payable 
to him. 

Sec. 6253. PERSONALLY LIABLE FOR 
BILLS. — Any officer and the members of any board 
who shall fail to take such a bond before entering into Personally 
such a contract shall be personally liable for all such 
bills, claims and demands which shall not be paid 
within thirty days after the completion of the work. 

Sec. 6254. SURETIES.— When the penal sum of 
said bond is five thousand dollars or under, the same 
shall be signed by at least two sureties, each of whom 
shall justify in the full amount of said bond. When 
the penal sum of said bond is in excess of five thou- 
sand dollars and not greater than twenty thousand 
dollars, said bond shall be signed by at least four sure- 
ties, who shall justify I'n the amount thereof. And 
when said penal sum is in excess of twenty thousand 
dollars and not greater than fifty thousand dollars, 
said bond shall be signed by at least eight sureties, 
each of whom shall justify in at least one-half the 
amount of said bond ; but it shall be sufficient in any 
case if said bond is signed by a reputable surety com- 
pany authorized to enter into such an obligation. 

Sec. 6255. BOND SHALL BE FILED.— Before 
said contract is entered into, said bond, duly signed 
and acknowledged, with the proper affidavits of justi- 
fication attached thereto, shall be filed in the office of 
the clerk of the district court of the county in which 
such contract is to be performed, and approved by 
said clerk, to be kept as one of the permanent records 
of the office. 



Bond shall be 
filed. 



SPECULATION IN OFFICE PROHIBITED. 

Sec. 9402. UNLAWFUL PURCHASES BY 
SCHOOL DISTRICT OFFICERS.— Every person 
who while an officer of any school district or corpor- 
ation, or deputy or clerk of such officer, directly or 
indirectly, buys or traffics in or in anywise becomes a 
party to the purchase of any school warrant, order or 
scrip, or any bill, account, claim or evidence of in- 
debtedness against his school district or corporation, 
for any sum less than the full face value thereof, is 
guilty of a misdemeanor, and upon conviction there- 
of is punishable by a fine of not less than fifty and 
not exceeding five hundred dollars. 

—15— 



Speculation ii 
office prohib- 
ited. 



226 



GENERAL SCHOOL LAWS 



APPE)NDIX C 



DIGEST OF DECISIONS OF SUPREME 
COURT. 



Contracts. 



Issuance of 
bonds. 



CONTRACTS. 
1. Bonds. 

(a) Consideration — Want of, cannot be shotvn as 
against a bona fide purchaser. — The auditing, by the 
committee, of claims against the district, and the vote 
of the district to pay such claims, and the issue of 
bonds accordingly, precludes any inquiry as to the 
validity of such claims, as a consideration for such 
bonds, as against a bona fide purchaser of such bonds. 

Flagg vs. School District No. yo, 4 N. D. 50. 
Flagg I's. School District No. yo, 5 K. D. igi. 

(b) Issuance of Bonds — Strict Compliance zvith 
Statute. — Where a statute authorizes the issue of mu- 
nicipal bonds payable in not less than 10 years from 
date, bonds issued thereunder, payable in 11 days less 
than ten years from date, are void, even in the hands 
of a bona fide purchaser. ' 

People's Band of St. Paul vs'. School District No. 
52, s N. D. 4p6. 

(c) Invalid Bonds — Municipality Otherwise Li- 
able — The invalidity of such bonds does not affect the 
liability, if any, of the municipality, independently of 
the bonds. ' 

People's Bank of St. Paid vs. School District No. 
52, 3 N. D. 496. 

(d) Provision for Exchange Does Not Destroy 
Negotiability. — An instrument providing for the pay- 
ment of exchange on a point other than the place of 

not destroy ne- payment, in addition to the principal and interest, is 

gotiability. -^-^ .,,. 1 1 

not a negotiable instrument ; and one who purchases 
the same before maturity, for value, and without no- 
tice of any defense thereto, nevertheless, takes it sub- 
ject to the defense of want of consideration good as 
between the original parties to the instrument. 
Flagg vs. School District No. yo, 4 N . D. jo. 
. (e) Recitals in Bonds — Estoppel to Dispute. — 

bonds! ^ '" Municipal corporations are estopped, as against bona 



Invalid bonds. 



Provision for 
exchange does 



STATE OF NORTH DAKOTA 



227 



fide holders of municipal bonds, from setting up as a 
defense to an action thereon that all the preliminary- 
steps necessary to authorize the issue of the bonds 
were not taken, when the officers who have charge 
of the issue of such bonds are especially or mipliedly 
authorized to determine whether all the conditions 
precedent to the issue of valid bonds have been com- 
pHed with, and recite in the bonds so issued that they 
have been complied with. 

i Colcr z's. Dzvight School Tonniship, j A^ D. 24Q. 

(f) Rccitaf in Bonds— Non-Ncgotiablc. — The 
right of a bona fide purchaser of municipal bonds to 
rely upon a recital or certificate as to facts which the 
person making the same had authority to determine, 
does not depend upon the bond being a negotiable in- 
strument. It exists in the case of a bona fide pur- 
chaser of a non-negotiable bond as well. 

Flagg vs. School District No. 70, 4 N. D. jo. 

It IS not essential that the officer issuing the bonds 
should be expressly authorized to determine such 
question, but it is sufficient if they are given full con- 
trol in the matter. 

Coler z's. Dzvight Cichool Tozvnship, 5 N. D. 24g. 



Same. 



PROHIBITED CONTRACTS. 

(a) Prohibited Contracts, Retention of Fruits of, 
Does Not Render Municipality Liable. — Where a con- 
tract is expressly prohibited or declared void by stat- 
ute, retention of the fruits of such contract will not 
subject a municipality to liability under the contract 
or on a quantum meruit. 

■Goose River Bank vs. IVillozv Lake Scliool 

Tozvnship, i N. D. 26. 
Capital Bank of St. Paid z>s. School District N'o. 
53, I N. D. 479- 

II. Te.\chers. 

(a) Employment — Void zvithout Certificate. — A 
contract duly executed between the proper officers of 
a school district and another person, by the terms of 
which said person is employed as a teacher in a pub- 
lic school in said district, is void, where such person 
at the time of making the contract, holds no certificate 
of authority to teach in the county where the district 
is located. 

. Hosmer vs. Sheldon School District No. 2, 4 N. 
D. 197. 



Prohibited con- 
tracts. 



Employment — 
void without 
certificate. 



228 



GENERAL SCHOOL LAWS 



Certificate will 
not relate back. 



(h) Certificate Will Not Relate Back. — The sub- 
sequent procurement of such certificate will not enable 
such person to recover against the district damages 
for the breach of such contract. 

Hosmer vs. Sheldon School District No. 2, 4 N- 
D. 197. 



Assignee — 
bona fide pur- 
chasers. 



Rights and 
duties of pur- 
chasers of 



Teachers with- 
out certificates 
■ — warrants 
void. 



III. Warrants. 

(a) Assignee — Bona Fide Purchasers. — As school 
warrants are not negotiable so as to cut off defenses 
an assignee cannot recover thereon as being a bona 
fide purchaser. 

Goose River Bank vs. Willow Lake School 

Township, i N. D. 26. 
Capital Bank of St. Paul vs. School District No. 

53, I N. D. 479. 
People's Bank of St. Paul vs. School District No. 

52, 3 N. D. 496. 

(b) Rights and Duties of Purchasers of Warrants. 
— Persons purchasing obligations apparently issued by 
municipal corporations must see that the powers of 
the corporation have not been exceeded. 

Farmers and Merchants' Nat. Bk. vs. School Dis- 
trict No. 55, 6 Dakota 2^^. 
The purchasers of school bonds, for value, and be- 
fore maturity, and without notice that any of the con- 
ditions of the statute relating to the proceedings to 
authorize the issue of the bonds had not been com- 
plied with, could rely upon the certificate of the coun- 
ty clerk that the preliminary proceedings had been 
complied with. 

Flagg vs. School District No. yo, 4 N. D. 30. 
Where the statute provides that the bonds should 
not issue unless the title to the school site was in the 
school board, the certificate of the county clerk that 
such conditions as to title had been complied with was 
final as against the school district in favor of a bona 
fide purchaser. 

Flagg vs. School District No. 70, 4 N. D. 30. 

(c) Teachers Without Certificates — Warrants 
Void. — No teacher shall be employed to teach, who 
does not hold a lawful certificate; and every warrant 
issued to such teacher is without consideration and 
void. 

Goose River Bank vs. Willow Lake School 
Townships i N. D. 26. 



STATE OF NORTH DAKOTA 



229 



(d) Non-negotiable Warrants. — School township 
warrants are not negotiable instruments in the sense Non-negotiable 
that their negotiation will cut off defenses to them ex- '^'^"^" ^' 
isting against them in the hands of the payee. 

Goose River Bank z's. Willow Lake School 
Toivnship, i N. D. 26. 



OFFICERS. 
IV. Superintendent of Schools. 

County Superintendents — Compensation. — Sec. 653, 
Rev. Codes, which prescribes the salaries of county 
superintendents of schools, construed, and held, that 
said section requires the salaries shall be computed 
upon the basis of the number of schools or separate 
departments of graded schools presided over by 
superintendents, which have been taught at least 
three months in the preceding year, and shall not be 
computed upon the number of schools which have 
been taught less than three months. This construc- 
tion of said section is not of that doubtful character 
which would warrant the courts in following a con- 
trary interpretation placed thereon by the department 
of public instruction. 

Wiles vs. Mcintosh, 10 N. D. 5P4. 

That portion of Section 652, Rev. Codes, 1899. 
which provides that "in counties having sixty schools 
the board of county commissioners shall appropriate 
one hundred dollars for clerical assistance I'n the 
county commissioner's office and five dollars for each 
additional school to be paid monthly. * * *" con- 
strued. Held, That the appropriation required to be 
made by said section is not for the personal benefit of 
superintendents, but is to create a fund to pay the 
county's obligations to such clerks as shall be lawfully 
employed in that office. Held, further, that said sec- 
tion does not make county superintendents custodians 
of such funds, or authorize them to audit the accounts 
of clerks which are to be paid therefrom. Such ac- 
counts are to be audited and paid the same as other 
accounts, the amounts of which are not fixed by law. 
State vs. Heinrich, 11 N. D. 31, 88 N. W. Rep. 
732. 



Count super- 
intendents — 
compensation. 



230 



GENERAL SCHOOL LAWS 



Judgment 
against school 
district — en- 
forcement. 



SCHOOL DISTRICTS. 
V. Judgments. 

(a) Judgment Against School District — Enforce- 
ment. — Where a judgment is obtained against a school 
township organized under chapter 44 of the laws of 
1883, on an indebtedness of a school district for whose 
indebtedness such school township became liable un- 
der section 144 of such statute, the judgment creditor 
may proceed to enforce such judgment, the same as 
any other judgment against such school township. 

Coler vs. Chopin — / N. D. 418. 

(b) Mandamus to Compei Payment of Judgment. 
— Where a judgment is obtained against such a town- 
ship on an indebtedness of a school district and subse- 
quent to the entry of such judgment the township is 
divided into twO' school districts, the judgment cred- 
itors may proceed to enforce such judgment against 
such districts, and each will be required by mandamus 
to levy a tax sufficient to pay its pro rata share of such 
indebtedness, based upon the amount of its taxable 
property. 

Coler vs. Choppin. — 10 N. D. 86. 

VI. Organization and Government of Schools, 



Mandamus 
proceedings. 



Build school 
houses and issue 
warrants — - 
when. 



Contracts ultra 
vires — ratifica- 
tion. 



I. POWERS AND DUTIES OF SCHOOL BOARDS. 

(a) Build School Houses and Issue Warrants — 
When. — Where the statute required that the voters 
of a school district should select a site for a school 
house, and the district, without this having been done, 
select it, built a school house and issued warrants 
therefor without the authority or ratification of the 
voters, the warrants were void. 

Farmers and Merchants' Nat. Bk. vs. School Dis- 
trict No. 55, 6 Dakota 2j^. 

(b) {Contracts Ultra Vires — Ratification. — Where 
a Contract is void because the district board has no au- 
thority to make it, it cannot be made binding upon the 
district by subsequent ratification by the inhabitants. 

Capital Bank of St. Paul vs. School District No. 
5J^ I N. D. 4'/g, distinguishing Capital Bank 
of St. Paul vs. School District No. 8j, 6 Dak. 
248. Farmers and Merchants' National Bank vs. 
School District No. 55, 6 Dak. 255. 



STATE OF NORTH DAKOTA 



231 



(c) Limitation of Indebtedness. — The school board Limitation of 

in.Q6utccxn.6SS 

cannot exceed the tax levied, in building a school 

house. 

Fanners and Merchants' Nat. Bk. vs. School Dis- 
trict No. 55, 6 -Dak- 255. Capital Bank of St. 
Paid TS. School District No. 85, 6 Dak. 248. 
Capital Bank of St. Pant vs. School District No. 
53, I N.D. 479. 

(d) School Board R&sponsible for Lost Funds. — 
Where bonds were regularly issued, but were deliv- 
ered to a bank to be negotiated and sold, and the pro- feOTonsiw^'^'for 
ceeds were never turned over to the school township, lost funds, 
the school board was wholly responsible for the loss. 

' Prairie School Tozunship z's. Hascleu, 3 N. D. 
328. 

(e) School Toivnship Treasurer — Cannot Sell 
Bonds. — The school board is the official governing 

board of the school township and has full power and School town- 

, . . • 1 11 1 1 r 1 ®"'P treasurer 

authority, to issue, negotiate, and sell bonds of the —cannot seii 
school township, as have been duly voted by the elec- 
tors for the purpose of building a school house ; and 
that the township treasurer acting independently, has 
no authority, under the law, and by virtue of his office 
as treasurer, to issue, negotiate, or sell bonds. 

Prairie School Tonmship vs. Hascleu, 5 N. D. 
328. 

(f) School House Site — Hozv Selected. — The dis- 
trict school board must submit the selection of site for fite^how°"sei- 
school house, and the building of school house to the e^ted. 
voters. 

Farmers and Merchants' Nat. Bk. vs. School Dis- 
trict No. 5j, 6 Dakota 2^j. 

2. POWERS AND LIABILITIES OF SCHOOL DISTRICTS. 

(a) Boundaries of School Districts — How 
Changed. — When petitioned by a majority of the cit- 
izens of a district, it is the duty of the county super- 
intendent to divide hi's county into school districts, 
subdivide and rearrange the boundaries of the same. 
Dartmouth Savings Bank vs. School District 6 
Dak. 332. 

Upon organizing into a civil township of a portion 
of the territory comprising a school township corpor- 
ation, held, construing sections 658 and 659 revised 



Boundaries of 
school districts 
— how changed. 



232 GENERAL SCHOOL LAWS 

codes, that such civil township continues until segre- 
gated therefrom by the commissioners and county su- 
perintendent of schools, upon petition of the voters. 
State ex. rel. Laird vs. John Gang, lo N. D. 551. 

Estoppel by ^^) Estoppel by Acts or Representations of Oifi- 

acts or repre- cers. — The officcTS of a school township cannot estop 

officers?'^^ ° the township, by representation, expressed or- implied, 

that the facts to authorize the issue of lawful warrants 

exist. 

Goose River Bank vs. Willozu Lake School 
Tozvnship, i N. D. 26. 

(c) Implied Powers. — School districts being spe- 
impiied powers, cial Statutory creations, have only such implied powers 
as are necessary to accomplish the purpose of their 
existence. ' ' 

Farmers and Merchants' Nat. Bk. vs. School Dis- 
trict No. 53, 6 Dakota 255. 

Organization — (d) Organization — Estoppel to Dispute. — A 
put°e^^^' ^^ ^^^' school district is not estopped to question the legality 
of its organization. 

Dartmouth Savings Bank vs. School District 6 
Dak. 5J<?. 

(e) Organisation of District — Liability for Debts. 
Or anizati f — ^ school township Organized under chapter 44, laws 
district— lia- 1883, bccomes, immediately upon such organization, 
biiity for debts, y^^y^^e for the debts of the district, the school house 

and furniture of which becomes the property of the 
school township. This liability is complete, and does 
not depend upon the settlement of the equities between 
the several districts included in the new school town- 
ship, under sections 136, 138, chapter 44, laws 1883. 

Coler vs. Dwight School Tozvnship, j N. D. 24^. 

Coler vs. Coppin, 10 N. D. 86. 

(f) Petition for Organization of School District 
. — Sufficiency — The board of county commissioners 

organization of haviug found that a certain petition for the organiza- 
f^ufficiency!'''^ tion of a civil township contained the requisite number 
of legal voters, and having acted thereon by taking 
necessary steps to organize such township, the ques- 
tion as to the sufficiency of such position is not open 
to judicial investigation in mandamus proceedings to 
compel the calling of an election for school officers in 
such township. 

State ex. rel. vs. John Gang 10 N. D. jjj. 



STATE OF NORTH DAKOTA 



233 



(g) Special School District — Equalization of In- 
terests. — Where a school district is divided by the or- 
ganization of a city or incorporated town or village Special school 
situated within said district, into a special school dis- filllonTf Inter- 
trict, under the provisions of chapter 62 of the laws «sts. 
of 1890, the board of arbitration provided for by such 
chapter to equalize the interests of said districts must 
take into consideration the school building owned by 
the original district, and adjust the rights of the re- 
spective districts concerning the same. 

State ex. rel. vs. School District No. 21, 6 N. D. 
488. 

(h) De Facto Corporations — Validity of Bonds. 
— In an action upon the coupons of bonds issued by 
a de facto school district, the defense that the bonds 
were void on the ground that the district had no legal 
existence because of failure to comply with the provi- 
sions of the statute regulating the organization of 
such districts in matters which went to the jurisdic- 
tion of the county superintendent to organize the dis- 
trict cannot be interposed. 

Coler VS' Wright School District, 5 N. D. 24Q, Dis- 
tinguishing Dartmouth Savings Bank vs. 
School District 6 N. D. 3^2. 



De facto cor- 
porations — val- 
idity of bonds. 



VII. Payments. 

Public Funds — Voluntary Payment Can be Recov- 
ered Back. — Where overpayments, out of public 
funds, were made under a mistake of facts, and were 
induced by plaintiff's false statements, they were not 
voluntary payments, and can therefore be recovered 
back by the county ; and that the doctrine of voluntary 
payment does not apply to payments from public 
funds by agents of municipal corporations whose du- 
ties and powers in reference thereto are limited and 
defined by law. 

Wiles z'S. Mcintosh, 10 N. D. ^p4. 



Public funds. 



OFFICIAL BONDS. 

VIII. Principal and Surety. 

Treasurer Liable on Official Bond — When. — 
Where bonds were not delivered to the treasurer for Treasurer Habie 
negotiation and sale an action will not lie against the ^whfn.'^^ ^°'^^ 



234 



GENERAL SCHOOL LAWS 



treasurer or his sureties, on his official bonds for a 
breach of the conditions of such bond, which requires 
the treasurer to account for and pay over all moneys 
and property which comes into his hands as treasurer. 
Prairie School Tozvnship z>s. Haseleu, j N. D. 
328. 



APPENDIX D 



Notes and 
references. 



Vacancies, how 
caused. 



NOTES AND REFERENCES. 

Note 1. Section 3J:3 fixes the bond of the super- 
intendent of public instruction at $5,000. 

Note 2. Section 343 fixes the bond of the county 
superintendent at $500. 

Note. 3. Article 9 provides for the filling of vacan- 
cies. Section 359 provides when vacancies occur. 

Sec. 359. VACANCIES, HOW CAUSED.— Ev- 
ery office shall become vacant on the happening of 
either of the following events : 

1. Death of incumbent. 

2. His insanity judicially determined. 

3. His resignation. 

4. His removal from office. 

5. Hi's failure to discharge the duties of his office, 
when such failure has continued for sixty consecutive 
days, except when prevented from discharging such 
duties by sickness or other unavoidable cause. 

6. His failure to qualify as provided by law. 

7. His ceasing to be a resident of the state, dis- 
trict, county or township in which the duties of his 
office are to be discharged, or for which he may have 
been elected. 

8. His conviction of a felony or any offense in- 
volving moral turpitude or a violation of his official 
oath. 

9. His ceasing to possess any of the qualifications 
of the office prescribed by law. 

10. The decision of a competent tribunal declaring 
void his election or appointment. 

See also section 863. 

Temporary absence from the district for which the 
officer is chosen does not work a forfeiture of the of- 
fice. The failure to elect a successor in office does not 
create a vacancy. 



STATE OF NORTH DAKOTA 



235 



Note 4. Section 775 does not confer upon the 
county superintendent authority to take acknowledge- 
ments. 



Note 5. COUNTY SUPERINTENDENT, 
SALARY OF. — In determining the salary of the 
county superintendent that officer is entitled to include 
the actual number of schools or separate departments 
in graded and high schools over which he has general 
superintendence, or official supervision. (See Sec- 
tions /6^ and //S.) 

The fact that a county superintendent becomes per- 
sonally responsible for the accounting from special 
and independent districts as to reports of clerks and 
treasurers, which must be filed in his office for the pur- 
pose of statistics and the apportionment of the state 
school fund, does not, of itself,, constitute "general 
superintendence" or "official supervision." 

Note 6. Under section 778 a person to be qualified 
to hold the office of county superintendent must hold 
a state certificate or a first grade county certificate. 
Such first grade need not be issued in the county in 
which the county superintendent resides, but must be 
of legal effect at the time the holder assumes the du- 
ties of the office. ' 

Note 7. The amendment to section 786 passed by 
the legislature of 1899, was declared to be unconstitu- 
tional by the supreme court in the case of Plummer 
vs. Borsheim, 8 N. D. 565, N. W. Rep. 690. This 
restores section 786 of the revised codes of 1895, 
which will be found in its proper place. 

Note 8. Section 793, revised codes, does not per- 
mit the organization of a district when there are 
twelve or more children of school age therein, with 
the requisite amount of taxable property, as specified 
by section 786, revised codes. 

Note 9. ELECTIONS, TERMS OF OFFICERS. 
— No vacancy exists to be filled by appointment when 
a school board fails to hold an election at the time pre- 
scribed when a school board, fails to hold an election 
at the time prescribed in article -1 of the general school 
laws. The officers whose terms expire and whose 
successors would have to be chosen at a regular elec- 
tion do not vacate their office but hold until their suc- 
cessors are duly elected and qualified agreeably to the 
provisions of sections 797, revis.ed codes. 



County super- 
intendent, 
salary of. 



Elections, i 
of officers. 



236 



GENERAL SCHOOL LAWS 



Who entitled 
to vote. 



School privi- 
leges. 



Note 10. Section 799 prescribes who is qualified 
to vote or hold office and refers to the following sec- 
tion which embodies section 121 of the constitution. 

Sec. 605. WHO ENTITLED TO VOTE.— Ev- 
ery male person of the age of twenty-one years or up- 
wards, belonging to either of the following classes, 
who shall have resided in the state one year, and in 
the county six months, and in the precinct ninety days 
next preceding any election, shall be a qualified elec- 
tor at such election : 

First — Citizens of the United States. 

Second — Civilized persons of Indian descent who 
shall have severed their tribal relations two years next 
preceding such election, provided, he has complied 
with the provisions of any law which is now 
or may in the future be in force relating to the reg- 
istration of voters, and all persons possessing the 
qualifications mentioned in this section, and who have 
resided in this state one year, shall be eligible to any 
office in this state, except as otherwise provided in 
the constitution; provided, however, that persons shall 
vote in the precinct where they reside and not other- 
wise, except in the case of voters otherwise qualified, 
moving from one voting precinct to another, within 
the same county, in which case they shall have a right 
to vote in the precinct from which they move until 
they have resided ninety days in the precinct to which 
they move. 

Note 11. Section 807 provides for the appoint- 
ment of a clerk. 

Note 12. Section 808 provides for the regular meet- 
ings and fixes the salary of each director. No addition- 
al compensation is allowed for special meetings. 

Note 13. There is no conflict between sections 817 
and 905 relating to a breach of the conditions of a 
school treasurer's bond. Section 770 is merely cum- 
ulative prescribing that action against the treasurer 
failing or neglecting to pay over funds belonging to 
the district may be begun by the district school board, 
or the county superintendent or any taxpayer. 

Note 14. SCHOOL PRIVILEGES FOR NON- 
RESIDENT PUPILS.— Under section 824, revised 
codes, the school board is empowered "to admit pupils 
from other districts when it can be done without in- 
jury or overcrowding such schools." The board is 
further authorized and empowered to make regula- 



STATE OF NORTH DAKOTA 



237 



School hoTose, 
location of. 



tions for their admission and payment of tuition. 
Whether or not any provision be made for admission 
of non-resident pupils is discretionary with the board. 

Note 15. SCHOOL HOUSE, LOCATION OF. 
— A school board may not lawfully erect a school 
house upon public school lands unless the board ac- 
quires title to the site the same as title would be ac- 
quired to any other land. 

Note 16. ENUMERATION.— Persons can be 
enumerated only in the district in which they have a 
legal residence. The legal residence of a parent or 
guardian is the legal residence of the child. Where 
a party resides at two or more different places during 
the same year, it appears by the decisions of various 
courts that it is a privilege of said party to determine 
which place is his legal residence unless he exercises 
his rights of citizenship, for instance, by voting or at- 
tending caucus at one place or the other. Such ac- 
tion would indicate his real intention. 



Enumeration. 



Note 17. STATE SCHOOL FUND NOT TO 
BE USED IN SUPPORT OF PRIVATE OR DE- 
NOMINATIONAL SCHOOLS.— Under section 152 
or article 8 of the constitution no money raised for the 
support of public schools of the state shall be appro- 
priated or used for the support of any sectarian school. 
There is nothing contained either in the constitution 
or statutes which warrants any other use of the funds 
than for the support of the common schools. 

Note 18. TEACHERS' PERMITS.— A permit 
to teach must not be issued to a person under the age 
of 18 years. i 

Note 19. TEACHERS' CONTRACT NOT AF- 
FECTED BY CHANGE IN ORGANIZATION OF 
DISTRICT. — A contract made and entered into be- 
tween a general school district and a teacher is not 
modified by reason of reorganization of said general 
district into a special district during the time for 
which the contract was made, and the district is not 
relieved from the fulfillment of the obligation. 

Note 20. TEACHERS' SALARY WHEN 
SCHOOL CLOSED ON ACCOUNT OF QUAR- 
ANTINE. — If under the general quarantine regula- 
tions a school be closed in due form, the teacher's 
right to collect pay for the time school was closed is 
governed by the general jaws relating to employer and 



State school 
fund. 



Teachers' per- 
mits. 



Teachers' con- 
tracts. 



Teacher's sal- 
ary. 



238 



GENERAL SCHOOL LAWS 



Treasurer's 
bond. 



employe. During the time said school is closed the 
teacher is under contract subject to the pleasure of the 
board, and during the existence of such contrr ct is 
unable to be a party to another. 
, Note 21. TEACHER'S REPORT AND SAL- 
ARY. — A teacher is entitled to pay at the close of 
Teacher's re- ^^^^ month's work, cxccpt for the last month in any, 
port and salary, term, when the same may be withheld until correct 
reports are made and filed by the teacher, as provided 
by section 881, revised codes. This section does not 
authorize the withholding of the teacher's wages for 
any other month in the term. 

Note 22. Section 913 requires the certificate of 
the county auditor in addition to section 187 of the 
constitution and other statutes as to the issue being 
within the debt limit. I These are applicable to spe- 
cial and independent districts as well as general dis- 
tricts. 

Note 23. TREASURER'S BOND.— In a special 
school district the treasurer of the city, town or village 
is treasurer of the board of education. By reason 
of being under bond as treasurer of a municipal cor- 
poration he is not relieved thereby from giving bond 
as treasurer of said school district, under section 968, 
revised codes. 

Note 24. ALIENS NOT ENTITLED TO A 
CERTIFICATE OR PERMIT.— Under section 875 
a county superintendent is forbidden to issue a certifi- 
cate or permit to teach to any party who is not a citi- 
zen of the United States unless he has resided in the 
United States one year last prior to the time of such 
application for such certificate or permit. A declar- 
ation of citizenship alone does not entitle one to either 
certificate or permit. 

Note 25. Section 1269 provides for the designa- 
tion of an accounting officer for each public institu- 
tion and defines his duties. 

Note 26. Sections 6710 and 6711 pertaining to 
holidays are as follows : 

Sec. 6710. HOLIDAYS.— Holidays are every 
Sunday ; the first day of January, which is New 
Holidays. Year's day ; the twelfth day of February, which is the 

birthday of Abraham Lincoln ; the twenty-second day 
of February, which is the birthday of George Wash- 
ington; the fourth day of July, which is the anni'ver- 



AHens. 



STATE OF NORTH DAKOTA 



239 



When follow- 
ing day holi- 
day. 



Bond. 



sary of the Declaration of Independence ; the twenty- 
fifth day of December, which is Christmas day ; the 
thirtieth day of May, which is Memorial day ; the 
first Alonday in September, which is labor day ; every 
day on which an election is held throughout the state 
and every day appointed by the president of the Unit- 
ed States or by the governor of t\v<^ state for a pub- 
lic fast, thanksgiving or holiday. 

Sec. 6711. WHEN FOLLOWING DAY HOLI- 
DAY. — If the first day of January, twelfth day of 
February, the twenty-second day of February, the 
fourth day of July, the thirtieth day of May, or the 
twenty-fifth day of December falls upon a Sunday, the 
Monday following shall be the holiday. 

Note 28. Section 401, relating to bonds by offi- 
cers, is as follows : 

Sec. 401. Each civil officer elected by the people 
or appointed by the governor or by any other author- 
ity, provided by law, except the governor and the offi- 
cers and members of the legislative assembly, judges 
of the supreme and district courts, county commis- 
sioners, court stenographer, the mayor and aldermen 
in cities, the president and trustees in villages, but 
including township treasurers, clerks, justices of the 
peace and constables, shall, before entering on his du- 
ties, give a bond conditioned for the faithful and im- 
partial discharge of the duties of his office (naming it 
fully), and render a true account of all moneys and 
property of every kind that shall come into his hands 
as such officer and pay over and deliver the same ac- 
cording to law. 

Note 29. Section 403, relating to the approval of 
bonds, is as follows : ' 

Sec. 403. APPROVAL OF BONDS.— The bonds 
of all state and district officers shall be given to the 
state, shall be approved by the governor as to sufficien- 
cy, and by the attorney general as to form and such 
bonds and a duplicate original of the oaths of all such 
officers shall be deposited in the office of the secre-' 
tary of state. The secretary of state shall keep a 
book in which shall be made a correct copy of such 
bond, which shall be called the "bond record" and. 
when such bonds shall have been recorded they shall 
be deposited with and kept on file in the office of 
the state treasurer, except the bond of the state treas- 
urer, which shall be deposited with and keot on file in 



Approval 
bonds. 



of 



240 



GENERAL SCHOOL LAWS 



the office of the state auditor. The secretary of state 
and state treasurer on receipt of such bonds shall issue 
a receipt therefor and such receipt shall be filed in the 
office of the state auditor. The bonds of all county, 
township and municipal officers under the county shall 
be approved by the states attorney as to form and by 
board of county commissioners as to sufficiency, and 
such bonds and a duplicate original of the oaths of 
office of all other such officers shall be filed with the 
county auditor, except the bond and oath of state 
auditor, which shall be filed with the clerk of the 
district court for the county or judicial subdivision. 
The bonds of township officers shall be approved by 
the chairman of the board of supervisors of the town- 
ship. 

Note 30. The use of lignite coal is rnade obliga- 
tory by the following section : 

Sec. 1390. PUBLIC INSTITUTIONS TO USE. 
— The various state institutions, county buildings and 
public school houses of this state shall use for fuel, 
native or lignite coal, and it shall be unlawful for any 
officer to purchase for use in institutions, county build- 
ings, and public schools any coal other than that taken 
from the mines within the boundaries of this state; 
provided, that the comparative cost of such fuel is not 
greater than that of lignite coal. This section shall 
not be construed, however, as prohibiting the use of 
wood at such institutions, county building and public 
schools, when the cost thereof does not exceed that of 
native coal, or the use of coal other than native lignite 
at such public schools as are located six miles or more 
from any mine or railroad station within the boundar- 
ies of this state; provided, that the comparative cost 
of such fuel is not greater than that of lignite coal. 



Public institu- 
tions to use. 



Note 31. Section 433 authorizes the superintend- 
Deputies. cnt of public instruction and other state and county 

officers to appoint deputies and prescribes the manner 
of appointment. 

Note 32. The oath of office prescribed by Sec- 
tion 211 of the constitution is as follows: "I do sol- 
Oath of office, eninly swear (or affirm, as the case may be) that I 
will support the constitution of the United States and 
the constitution of the state of North Dakota; and 
that I will faithfully discharge the duties of the office 

of according to the best of my ability, 

so help me God" (if under oath), (under pains and 



STATE OF NORTH DAKOTA 



241 



Fidelity bonds. 



penalties of perjury), if an affirmation, and no other 
oath, declaration, or test shall be required as a qualifi- 
cation for any office or public trust. 

Sec. 408. FIDELITY BONDS.— Whenever any 
county, township, city, village or school district officer, 
hereafter elected, shall be required by law to give or 
furnish a bond for the faithful performance of his 
duties, such bond may be executed by some respon- 
sible surety, fidelity, insurance or bonding company, 
authorized and qualifi.ed to do business within the state 
of North Dakota, and approved by the board of com- 
missioners, trustees, supervisors, council or directors 
charged wifh the approval of the same ; the premium 
for such bond shall be audited by such board and paid 
out of the general fund of the county, township, city 
or school district, as the case may be, for whose benefit 
the same is given. 

This act shall not affect the provisions of section 
343a of the revised codes relating to county treasurers. 
nor the furnishing of a personal bond by any officer 
as may be provided for by any existing law. 



APPKNDIX E 



SCHOOL CALENDAR. 

January. 
First Monday (odd numbered years) — Terms of 
office of state superintendent begin. 

Second Tuesday — Regular meeting of district 
school board. 

February. 
Third Monday — Apportionment of state tuition 
fund. 

March. 
Second Friday — County examination for teachers 
certificates. 

April. 
Second Tuesday — Regular meeting of district 
school board. 

May. 
Last Friday — County examination for teachers 
certificates. 

Third Monday — Apportionment of state tuition 
fund. ' 

—16— 



School calendar 



242 GENERAL SCHOOL LAWS 

June. 

District clerks to take enumeration before June 20. 

At least fifteen days before first Tuesday — District 
school board designates polling places and causes 
three notices of election to be posted. 

'First Tuesday^ — Annual school election at 2 p. m. 

Within five days after annual election — Clerk to 
furnish each person elected with a written notice of 
election. 

Within ten days after annual election — District 
clerk forwards to county superintendent a certified list 
of all officers elected. 

Third Tuesday — Annual election in special dis- 
tricts. 

Thirtieth — School year ends. 
July. 

1st. — School year begins. 

1st. — Assessor furnishes school district clerk, coun- 
ty superintendent and auditor the amount of assessed 
valuation. i 

Second Tuesday — Regular meeting of district 
school board. 

Second Tuesday — District school board organizes 
and elects a president and clerk. 

Second Tuesday (on or before) — School treasurer 
gives bond and qualifies. 

Before 20th — District school board and board of 
education levy tax. 

Immediately thereafter — District clerk and clerk of 
board of education notify county auditor the amount 
levied. Section 721 and 801. 
August. 

Third Monday — Apportionment of state tuition 
fund. Section 711. 

Last Friday — County examination for teachers 
certificates. 

October. 

Second Tuesday — Regular meeting of district 
school board. 

Last Friday — County examination for teachers. 
November. 

1st. — (On. or before in even numbered years) — 
Superintendent makes report to governor. 

First Tuesday after first Monday (in even num- 
bered years) — Election of superintendent and county 
superintendent. 



STATE OF NORTH DAKOTA 243 

Third Monday — Apportionment of state tuition 
fund. 

December. 

1st (On or before in even numbered years) — The 
report of the state superintendent is printed. 



APPENDIX F 



Appeals. 



RULES AND FORMS PERTAINING TO OPINIONS, DECIS- 
IONS AND APPEALS. 

See sections 629, 644 and 645. 

Decisions by the superintendent of public instruc- 
tion will be given only when appeals are made in due Decisions, 
form from decisions of county superintendents of 
schools. 

Appeals must be made through the office of county 
superintendent, and in the form prescribed by this of- 
fice. 

The county superintendent will transmit an appeal, 
with a copy of the decision from which it is taken, 
to this office, with all papers and all the testimony 
offered by parties interested and upon which his deci- 
sion is based, and he will state any further informa- 
tion he may possess which has affected his decision. 
To all of which he shall attach his certificate and offi- 
cial seal. 

All appeals from decisions of school boards to coun- 
ty superintendents must be taken within sixty days. 

All appeals from decisions of county superintend- 
ents to the superintendent of public instruction must 
be taken within ninety days. 

In all proceedings relating to the revocation of 
teachers' certificates the charge must be made in writ- 
ing and verified the same as pleadings in district 
courts. Such charges must be filed with the county 
superintendent, and a copy of the same served person- 
ally on the party against whom such charges are 
made, not less than fifteen days before the day set for 
official investigation of such charges. 

All allegations must be verified by oath, and all pe- 
titions must be accompanied by affidavits to the effect 
that the petitioners constitute such a portion of the 
community affected, as is required by law. ' 



244 



GENERAL SCHOOL LAWS 



0-pinions as to the meaning and application of the 
law in all school matters should be first sought from 
opinions. tne county superintendent. County superintendents 

submitting questions to this office upon the meaning 
and administration of the law, or seeking advice of 
any kind relating to their official business, will be an- 
swered cheerfully and as promptly as the business 
of the ofiice will permit. 

Note — ^County superintendents have no jurisdic- 
tion in imposing fines, or in removing school district 
officers from office. 

In .case of appeal to the county superintendent 
against the action of the district school board, the ap- 
pellant shall use substantially the following form : 

AFFIDAVIT OF APPEAL. 

STATE OF NORTH DAKOTA, | 

> ss. 

Affidavit of ap- County of ) 

, peal. 

vs. 

School District 

I, being duly sworn, on oath 

say : that on the day of 

A. D. 190. ., the school board of said school district 
rendered a decision (or made an order) whereby 
(here state facts, affiants interest in the decision, and 
the jury to that interest) ; that the school board in 
rendering the decision (or making the order) afore- 
said, committed errors as follows. (Here state er- 
rors charged.) 

Subscribed and sworn to, by .' , 

before me this day of ., A. D. 

19.... 

c. . 



NOTICE TO CLERK OF APPEAL. 

STATE OF NORTH DAKOTA, 



Notice to clerk County of 
of appeal. 



ss. 



VS. 



School District 

Clerk of the School Board of , 

School District You are here- 



STATE OF NORTH DAKOTA 245 

by notified that has filed in my office 

an affidavit alleging that said school board, on the 

day of , A. D. 19 , , , made 

a decision (or order) whereby (here describe the de- 
cision or order so that the clerk may identify it) and 
claiming an appeal therefrom. You are hereby re- 
quired within ten days after receiving this notice, to 
file a complete transcript of the proceedings of the 
school board relating to said order together with cop- 
ies of all papers filed with you pertaining to said ac- 
tion appealed from. 

County Superintendent of Schools for. County. 

Dated at this day of 

A. D. 19... 

In response to the above notice the clerk of the 
district school board will make a transcript, being an 
exact copy of that portion of the records of the pro- 
ceedings of the meetings relating to the action ap- 
pealed from, with the date of the several meetings, 
and an exact copy of each petition, remonstrance, 
plat or other paper relating to said action, submitted 
to the board. 

To the transcript thus made the district clerk will clerk's cer- 
certify as follows and forward the whole to the coun- ti^cate. 
ty superintendent : 

STATE OF NORTH DAKOTA, j 

V ss. 

County of ) 

I, , Clerk of the School 

Board of School District 

, County of , State of 

North Dakota, hereby certify that the foregoing is 
a correct and complete transcript of the record of 
all proceedings of the School Board, and of all papers 

filed relating to the case vs 

School District 



District Clerk. 

-Jated this day of , 

A. D. 19... 

On receipt of the certified transcript, as above, the 
county superintendent will notify the appellant, the 
chairman and clerk of the district school board, and 
other persons known to be interested, as follows : 



246 



GENERAL SCHOOL LAWS 



NOTICE OF HEARING OF APPEAL. 

STATE OF NORTH DAKOTA, ) 



Notice of hear 
ing 



SS. 



"f appeah ■ County of 



County super- 
intendent's cer- 
tificate of 
transcript. 



VS. 

School District 



To 

You are hereby notified that there is on file in this 
office a transcript of the proceedings of the school 

board of school district , had 

at a meeting held on the day of A. D. 

19..., in relation to (here describe the decision or 
order appealed from) from which appeal has been 
taken; and the appeal will be heard before me at 

in said county, on the day of 

, A. D. 19 ... , at . . o'clock . . m. 



County Superintendent of Schools for County. 

Dated at this day of 

, A. D. 19... 

The date of filing of every paper should be en- 
dorsed thereon ; also, in the case of motions, all orders 
and rulings of the county superintendent. All oral 
motions and evidence should be reduced to writing. 

In case of appeal from the decision of county super- 
intendent, a transcript should be made consisting of a 
literal copy of every paper filed, and all endorsements 
thereon, together with all evidence given ; the whole 
arranged in chronological order and closing with the 
decision of the county superintendent in full. The 
following certificate should be annexed thereto, and 
the whole transmitted to the superintendent of pub- 
lic instruction: ' 



COUNTY 



SUPERINTENDENT S CERTIFICATE OF 
SCRIPT. 



TRAN- 



STATE OF NORTH DAKOTA, 



ss. 



County of ) 

I, , County Superintendent 

of Schools -for County, State of 

North Dakota, hereby certify that the foregoing is 
a correct and complete transcript of the record of all 
the proceedings had, evidence given, and papers filed 



STATE OF NORTH DAKOTA 247 

in my office, and my ruling thereon ; also my decision 

in the case of vs 

School District 



County Superintendent of Schools for County. 

Dated at this day of 

, A. D. 19 



APPENi3IX G 



EDUCATIONAL DIRECTORY. 

Superintendent of Public Instruction — Walter L. 

Stockwell. ^^^^ ^. 

Deputy — ^Edwin J. Taylor. directory. 

University of North Dakota, Grand Forks ; Estab- 
lished 1883; Opened 1884. 
Franklin McVey, President. 
Agricultural College, Fargo, Established 1890 ; 
Opened 1890. 
John H. Worst, President. 
Normal School, Valley City; Established 1890; 
Opened 1893. 
George A. McFarland, President. 

Normal School, Mayville ; Established 1890 ; Opened 

1893. 

Thomas Hillyer, President. 

State Normal and Industrial School, Ellendale; Es- 

tabhshed 1890; Opened 1899. 

W. M. Kern, President. 

Academy of Science, Wahpeton; EstabHshed 1890; 

Opened 1903. 

Earl G. Burch, President. 

School for Deaf and. Dumb, Devils Lake; Established 

. 1890; opened 1890. 

Dwight F. Bangs, Principal. 

Reform School, Mandan ; Established 1890 ; Opened 

1902. 

J. W. Brown, Superintendent. 

School of Forestry at Bottineau ; Established 1907. 

J. A. Kemp, President. 
School for Feeble Minded at Grafton; Established 
I 1890. 

Dr. La Moure, Superintendent. 



248 GENERAL SCHOOL LAWS 



School for the Blind at Bathg^ate; Opened 1907. 
B. P. Chopple, Principal. 

High School Board — All members ex-officio — John 
Burke, Governor; W. L. Stockwell, Superin- 
tendent of Public Instruction; Franklin McVey, 
President University of North Dakota. 

Board of University and School Lands — All members 
ex-officio — President, John Burke, Governor; 
Vice President, Alfred Blaisdell, Secretary of 
State; Secretary, W. L. Stockwell, Supt. Public 
Instruction; D. K. Brightbill, State Auditor; 
Andrew Miller, Attorney General. 

Land Commissioner — Alexander MacDonald; dep- 
uty, W. P. Thurston. 



INDEX 



ACADEMY OF SCIENCE— Section Page 

Board of trustees 1093 161 

appointment of 1094 161 

compensation 1097 162 

meetings 1094 161 

powers 1095 161 

prescribe conditions of admission 1096 162 

quorum 1099 162 

records open to inspection 1099 162 

Instructors, from what fund paid 1097 162 

Location 1092 160 

Object 1092 160 

State treasurer, custodian of funds 1098 162 

Tuition or fees, how used 1098 162 

ACCOUNTS— 

County treasurer to keep with school districts 852 70 

Form of, for district treasurer '. 850 69 

ACTIONS— 

Brought in name of the state 899 92 

Child labor, employment of, who may bring 899 92 

Compulsory laws," for violation of 895 91 

District treasurer failing to pay over money 905 93 

Who may institute 817 44 

On school treasurer's bond 817 44 

States attorney to prosecute 896 91 

Adjacent territory, how attached 949 108 

ADJUTANT GENERAL— 

Loan of muskets to University 1061 152 

Return of muskets to state 1062 153 

ADVERTISING— 

(See contracts: school and public lands.) 

Proposal for building school houses 918 99 

AGE— 

Compulsory attendance 894 89 

Deaf and feeble minded 894 90 

Requisite for county certificate 875 81 

■ for first grade certificate 875 81 

for normal certificate 871 78 



250 INDEX 

AGRICULTURAL COLLEGE— 

Board of trustees — Section Page 

annual report to governor 1111 165 

appointment 1102 163 

biennial report 1127 168 

commission issued to 1103 163 

compensation ....^ 1104 163 

degrees, may confer 1112 166 

duties as to funds 1105 164 

instructors to employ 1105 164 

location • IIOO 162 

may remove 1107 165 

manage institution 1101 163 

meetings 1104 163 

oath of office 1103 163 

organization 1103 163 

quorum 1103 163 

report to commissioner of agriculture 11.1 1 165 

salaries, shall fix 1107 165 

superintendent of construction 1105 164 

treasurer, bond 1103 163 

bond required llli 166 

vacancies 1102 163 

Course of study 1106 164 

Degrees may be conferred 1112 166 

Faculty, report annually to trustees 1110 165 

rules may be adopted by 1108 165 

Geological survey (see sections 121-1132) 166-168 

President, duties of 1109 165 

Rents, penalties, etc., from lands 842 55 

ALIENS— 

See Appendix D, note 24 38 

Teachers certificate not granted to 875 82 

ANNEXATION— 

County commissioners may annex districts, when .... 788-789 33 
APPEALS— 
Applicants for teachers certificate may appeal, when and 

how 874 80 

From decision of county superintendent, how taken .... 770 27 

Superintendent of public instruction shall decide 754 21 

Practice, state superintendent shall prescribe 754 21 

APPORTIONMENT— 

Basis of 848 67 

County tuition fund, county superintendent makes 855 72 

State tuition fund, county superintendent makes 773 27 

state superintendent makes, when 844 65 

withheld, when 835, 847 52-66 



INDEX 251 

APPROPRIATIONS— Section Page 

Institute fund 891 87 

Libraries 750 20 

State high schools 1034 140 

Traveling expenses, state superintendent 763 23 

ARBITRATION— 
See board of arbitration 864 75 

ASSESSORS— 

County superintendent to furnish with maps of school 

districts 769 26 

Furnish statement of valuation 857 73 

ASSESSMENTS— 
(See Taxes.) 

ATTENDANCE— 

(See Truant Offiecer.) 

Compulsory, age for 894 89 

Length of time 894 89 

Who exempt 894 89 

Penalty for failure to comply with law 895 91 

For failure of officer to enforce law 896 91 

BALLOTS— 

Form of, election to divide district and for special dis- 
trict 941 106 

BANKS— 
Designated as depositaries, how 921, 922 100 

BIBLE— 

Not to be excluded from- schools as sectarian book . . . 888 86 

BLANKS^ 

County superintendent to distribute 767 25 

State superintendent to prepare , 750 20 

BLIND— 
Enumeration of 835 52 

BLIND, SCHOOL FOR— 
School for blind 1152-1159 174-176 

BOARD OF adjusters- 
How composed 858 73 

Levy taxes, when 858 73 

BOARD OF ARBITRATION— 

Appointment of ; 864 75 

County superintendent and county treasurer, members of 864 75 

Duties 865 75 

Taxes levied by 866 75 

Collection of 867 66 



252 INDEX 

BOARD OF EDUCATION— Section Page 

Acquire and dispose of property 960 (4) 112 

Annual school tax 960 114 

Assumes control, when 969 llo 

Census, must take 960 (15) 112 

Clerk 957 111 

duties of 959 111 

compensation, none 955 110 

Contracts, not to be interested in 955 110 

how let 965 114 

Corporate name 950 109 

Disposal of school property 957 111 

Election of 953 110 

Canvass of returns 975 117 

Certificate of election 976 117 

Organization of election board 974 117 

Precincts and officers 974 117 

Establish free schools 960 (1) 112 

And maintain high schools , 960 (3) 112 

Expenses of board and clerk 960 (10) 113 

Grading and government of pupils 960 (11) 113 

Have custody of all school property 960 (7) 112 

Interest coupons, payment of 985 122 

Investment of sinking funds in mortgages 983 ' 121 

Maintain and discontinue schools 960 (2) 112 

Meetings 956 111 

Oath of office 978 118 

Officers and organization 957 111 

Powers and duties 960 111 

President, duties of 958 111 

Quorum 954 110. 

Records 959 111 

Report, must publish 960 (13) 113 

when and to whom made 960(13) 113 

Resolution to provide for tax levy for interest and sink- 
ing fund 982 119 

Rules and regulations, to make 960(11) 113 

School houses, to buy or build 960 (4) (5) 112 

Schools, under whose superintendence 962 113 

Sinking fund, investment of " 983 120 

Superintendent to employ 960 (9) 112 

Surplus funds, disposal of 991 123 

Suspension of pupils 960(11) 113 

Tax levy to pay interest and sinking fund 982 119 

Teachers, duties as to 960 (8) 112 

relative of board not to be 960 (8) 112 

Treasurer, custodian of funds 961 113 

who is 966 114 

duties of 967 115 



INDEX 253 

BOARD OF EDUCATION— Continued. Section Page 

Vacancies 977 118 

Visit schools 960(12) 113 

Independent district, annual meeting 999 125 

compensation 1000 126 

contracts, not to be interested in 1000 126 

election of 997 125 

canvass of votes 997 125 

expenditures must not exceed revenues 1013 181 

general powers enumerated lOlO 130 

how elected 996 * 125 

may admit non-resident pupils 1012 113 

member at large 996 125 

member, penalty for refusing to act 1018 133 

meetings 1001 126 

officers 999 125 

quorum 996 124 

real estate, how conveyed 1015 131 

secretary of 1002 126 

shall notify members elect 1018 132 

style and powers 999 125 

taxes, powers of board . . . '. 1003 127 

vacancies 998 125 

visit schools 1011 131 

Special districts — 

election in, notice of 971-972 116 

form of 973 117 

non-resident pupils, admission of 960(14) 113 

under special act, election of 1020 133 

officers of old district hold over 1025 134 

qualifications 1020 133 

relations of, may not be teachers 1023 133 

term of office 1021 133 

BOARD OF UNIVERSITY AND SCHOOL LANDS— 
The laws governing the board of university and school 
lands, providing for the management and sale of all 
state and school lands and for the investment of all 
permanent school and institution funds will be found 
in sections 152 to 230 inclusive, on pages 187 to 218, 
inclusive. 

BONDS, MUNICIPAL— 

Cancellation, record of 917 99 

Certificate of county auditor 913 96 

Debt limit 981 119 

Decisions of Supreme Court, Appendix C 226 

Denomination of 912-2989 95-222 

Description of 913 ,96 



254 INDEX 

BONDS, MUNICIPAL— Continued. 

Division of indebtedness 

Election for issue of, by board of education 

Execution of, by board of education 

How issued 

How secured 

Indebtedness, for what incurred 

limit of 

Independent school districts — 

authority to issue 

must show what 

interest fund 

interest on 

issue limited 

when taxes insufficient 

limit of issue 

may issue for school houses already built 

negotiated how 

refund of 

refunding, issuance of 

law governing 

may be exchanged 

register of 

what to show 

school board may purchase 914 

sinking fund 

and interest, tax levy for 

special district and school district to pay 

surplus fund, disposal of 

what must specify 981 

BONDS, MUNICIPAL, REFUNDING— 

Issue limited 

Necessity, determined by board 

Negotiable, when 

Proceeds used only for purpose for which issued . . 

School boards may issue 

School districts may refund bonds 

Sinking fund, tax for 

Treasurer to keep register 

BONDS, OFFICIAL— 

Notes 2829, Appendix D 

Action of school treasurers 

Bank, must give as depositary 

Board of education 

City treasurer as treasurer of independent district 

Contractors must give 

For labor and material for public buildings 6252 



Section 


Page 


946 


107 


980 


119 


2991 


223 


910 


94 


986 


122 


2979 


221 


2979 


221 


1006 


128 


1006 


128 


3000 


223 


912 


95 


912 


95 


, 979 


lis 


912 


95 


919 


99 


915 


98 


2988 


222 


988 


122 


990 


123 


989 


123 


913 • 


96 


987 


122 


914 


97 


3001 


224 


914 


07 


947 


108 


991 


123 


981 


119 


2998 


146 


2993 


.44 


2999 


146 


2995 


145 


2994 


145 


2992 


144 


2997 


145 


2996 


145 




239 


905 


93 


923 


101 


968 


115 


1008 


129 


918 


99 


6252 


224 



INDEX 255 

BONDS, OFFICIAL— Continued. Section Page 

Sureties 6254 224 

Where filed "^ . . 6255 225 

County auditor to furnish blanks 409 220 

Decisions of Supreme Court (Appendix C) 226 

School treasurer (notes 13 and 24, Appendix D) 236 

same 811 41 

additional when required 812 42 

action on . 81,7 44 

Treasurer agricultural college 1103 163 

same 1114 166 

blind asylum 1154 174 

Trustees industrial school '. 1176 182 

Surety company 813 42 

same (Appendix D) 408 41 

Where filed 817 44 

BOOKS— 

Free text 1028 136 

List for libraries, state superintendent to furnish 750 20 

BOUNDARIES— 

Conformity with congressional townships 786 31 

County commissioners may re-arrange 786-792 31-34 

How changed 793 35 

Independent school district 995 124 

new districts 787 32 

no change in 785 31 

humane treatment of animals to be taught 884 85 

school board may adopt additional 826 47 

teachers examined in what 874 80 

BRIGHTWOOD SCHOOL TOWNSHIP— 

Special law (Appendix A) 219 

Authority to issue bonds 143 

BUDGE, WILLIAM— 

Life member board of trustees of university 1041 146 

CALENDAR— 

School (Appendix E) 241 

CENSUS— 

Board of education may take 960(15) 113 

Enumeration (Note 16, Appendix D) 237 

how made and when 835 52 

reports, to whom sent 835 53 

CERTIFICATES— 

(See examinations and certificates.) 

CHILD LABOR— 

Penalty for 898 92 

Prohibited when 897 9 ! 

Prosecution for 899 92 



256 INDEX 

CHILD LABOR— 'Continued. Section Page 
Cliapter 153, Session Laws 1909. 

Age when unlawful to employ children 57 

Must keep on file employment certificate 57 

List must be posted 57 

Accessible to whom 57 

Must furnish evidence as to age, when 57 

- Employment certificate issued by whom 58 

Employment certificate issued on what evidence 58 

Qualifications of child 58 

Certificates, what to contain 59 

School record, what to contain 59 

Hours of employment 60 

Inspection of places of work 60 

Employments prohibited .^ 60 

Not to be employed where intoxicants are sold 61 

Penalty 61 

Prosecution, how brought 62 

CITY COUNCIL— 

Ordinances as to property of independent districts .... 1017 132 

CITY TREASURER— 

Bond of 1008 129 

Funds of independent district to be paid to 1007 128 

CLERK OF SCHOOL DISTRICT— 
(See district clerk.) 

COMPULSORY EDUCATION— 
(See truant officer.) 

Defectives 894 89 

Exceptions 894 89 

Penalty for neglect 895 91 

Prosecutions 896 91 

What children must attend school 894 89 

CONTRACTORS— 

Bond, must furnish 918, 6252 99-224 

how executed 6254 225 

where filed 6255 225 

CONTRACTS— . 

Advertised for 909 94 

Decisions of Supreme Court 226 

How let 965 114 

by board of education 965 114 

Officer must not be interested in 902 93 

Of irregular district ratified 796 36 

Proposals for 909 94 

School board must not be interested in 1000 126 

Teachers, must be in writing 823 46 

when void 875 82 



INDEX 257 

CONVEYANCE— Section Page 

Of real estate 1015 131 

CORPORATION— 

School district is 794 36 

COUNTY AUDITOR— 

Certificate on bonds 913 96 

Duty as to levy for state institutions as to school bonds 913 96 

as to taxes of independent district 1004 127 

Levy tax to pay bonds 91/6 99 

To furnish blank bonds 409 220 

To furnish school district plats 795 36 

COUNTY COMMISSIONERS— 

Appropriations in aid of county institutes 893 89 

Duty as to feeble minded 1168 17S 

as to organization of school district 787 82 

Formation of new districts 786 32 

may rearrange territory, when 786 32 

COUNTY SUPERINTENDENT— 

Acknowledgments, power to take (Note 4, Appendix D) 235 

Action on district treasurer's bond 817 44 

Advise and direct teachers 766 25 

Apportion state funds 773 27 

Assessors, furnish with plats 769 26 

Bond of (Note 2, Appendix D) 234 

Carry into effect instructions of state superintendent . . 767 25 

Conference with state superintendent 757 21 

Convene teachers 767 25 

Decide questions of school law 770 27 

Decisions of supreme court (Appendix C) 226 

Deputies, may appoint 777 29 

Duties as to school elections 798 37 

Election of 764 25 

Elections, duties as to 798 37 

to form special district, must call 939 105 

to elect officers for special district, must call 944 107 

to divide district, must notify whom of result 942 106 

Examination of teachers by 873 79 

papers sent to state superintendent 873 79 

Funds, apportionment of 773 27 

state tuition fund 848 67 

notice to district treasurer of apportionment 848 68 

payment not authorized unless treasurer's bond filed.. 847 67 

General duties 765 25 

Institute fund, how raised 772 27 

statement of 890 87 

use of • 772 27 

Instruct officers in record keeping 769 26 

—17— 



258 INDEX 

COUNTY SUPERINTENDENT— Continued. Section Page 

Meet with school officers 769 26 

Notify clerk and county auditor of appointment to fill 

vacancies 861 74 

district treasurers of apportionment 848 67 

Not to be absent from county 780 30 

to have any other business 780 30 

to teach ' 779 30 

Oaths, may administer, when 771 27 

Office rent, postage, etc 776 28 

Officers, instruct in record keeping 769 26 

meet with 769 26 

Permits to teach 874 80 

Plats, furnish assessors with 769 26 

Qualifications 778 30 

Same (Note 6, Appendix D) ; 235 

Records of 768 26 

Removal of, when 781 30 

Report to state superintendent 775 28 

Salary and how determined' 777 28 

same (Note 5, Appendix D) 235 

withheld until report is filed 775 28 

School law, decide questions of 770 27 

Seal of 768 26 

Special districts, call election to form 939 105 

State funds, apportionment of 773 27 

Tuition fund, apportionment of 848 67 

withheld, when 847 66-67 

Teach, must not 779-782 30 

Teachers, advise and direct 766 25 

convene for instruction 767 25 

certificate, may revoke 774 27 

notice of revocation, published 878 83 

when 878 83 

permits tO' teach . . . '. 874 80 

Teachers' institutes, consult with state superintendent. .. 892 88 

notice of , 886 . 85 

Term of office 764 25 

Vacancy - 860 74 

Visit schools 766 25 

Who may vote for 764 25 

COUNTY TREASURER— 

Accounts with school districts 852 70 

Notify clerk of payments made to district treasurer . . 851 70 

When to pay funds to district treasurer 851 70 

COURSE OF STUDY— 

In common schools 883 84 

JFor normal schools, (Chap. 100, Laws 1909) 23 



INDEX 259 

DEAF AND DUMB ASYLUM— . Section Page 

(See school for deaf and dumb) 1133 169 

DEFECTIVES— 

Compulsory education of 894 89 

DEPOSITORIES— 

Board designates 921. 100 

Bonds of depository '922 100 

Additional, when 923 102 

Time deposits 926 103 

Checks, how signed 932 104 

Equal balances 925 102 

Funds to be deposited 920 100 

Highest bid accepted 923 101 

How selected 927 103 

Interest 931 104 

four per cent limit 928 103 

Minimum amount 935 105 

Monthly statement 931 103 

More than one 925 102 

Penalty for violation 936 105 

Proposals for deposit 923 101 

Time deposit, when 926 102 

Treasurer exempt from liability 934 104 

Where there is one bank or no bank 933 101 

When bids not required 933 104 

DEPOSITORIES— SPECIAL DISTRICTS— 

Bond of 983 120 

How established 983 120 

School board may designate 914 97 

Statement, must furnish, when 914 98 

DEPUTIES— 

Appointment of (Note 31, Appendix D) 240 

County superintendent, salary of 777 29 

DIRECTORY— EDUCATIONAL— 

Names of officers (Appendix G) 221 

DISTRICT CLERK— 

Appointment of 807 40 

Same (Note 11, Appendix D) 236 

Census 835 52 

Compensation • 810 41 

Duties 810 41 

as to bond issue 913 96 

False reports, penalty for 907 93 

Notify county auditor of tax levy 854 827 71-47 

persons elected on school board 804 39 

also county superintendent 804 39 

Post notices of election 798 37 



260 INDEX 

DISTRICT CLERK— Continued. Section Page 

Qualifications (Note 11, Appendix D) 236 

Records open to public 836 53 

Tax levy, notify county auditor 854, 827 71, 47 

Vacancy, how filled 862 74 

DISTRICT HIGH SCHOOLS— 

Adjacent districts may unite 884 52 

Course of study 834 52 

How established 834 51 

Length of term 834 51 

EDUCATIONAL ASSOCIATION— 

State superintendent to publish proceedings 762 22 

distribution of 762 22 

EDUCATIONAL DIRECTORY— 

Names of officers (Appendix ■ G) 247 

ELECTIONS— 

Board, how constituted 802 39 

By secret ballot 129 11 

Canvass 803 89 

Certificate of election 804 39 

Conduct of 803 39 

District officers, when elected 797 37 

For district high school 834 51 

school sites 834 51 

Notice of 801 38 

Form of 798, 801 37-38 

Of county superintendents 764 25 

Officers, county superintendent to appoint 798 37 

oath of 802 39 

Polls open, hours 800 38 

Polling places, county superintendent to fix 798 37 

Question of conveying pupils 832 50 

Term of office (Note 9, Appendix D) 235 

Tie, how determined 803 39 

Vacancy in board 802 39 

Who may vote 799 38 

ELECTION FOR BONDS— 

General statutes 2980 224 

to issue 910 94 

ballots 911 95 

Called on petition 911 _ 95 

Notice of 911 95 

By board of education 980 119 

Board of education 953 110 

Canvass of returns 975 117 

Certificate of election 976 117 

Election precincts and officers 974 117 

Organization of election board 974 117 



INDEX 261 

ELECTION FOR BONDS— -Continued. Section Page 

In independent districts 992 123 

Ballots, form of 994 124 

Conduct of 997 125 

Compensation of election board 997 125 

Notice of 993 123 

Special district, organization of 951 109 

ballots, form of 941 106 

conduct of 940 106 

notice of 940 105 

Special district, board of education 971 116 

notice of 972 116 

form of 973 117 

Under special act 

board of education 1020 133 

how conducted 1022 133 

EMBEZZLEMENT— ■ 

What is 904 93 

EMINENT DOMAIN— 

Exercise of 830 49 

ENGLISH LANGUAGE— 

To be used exclusively 837 53 

EQUALIZATION OF INDEBTEDNESS— 

By board of education 1026 135 

Of independent district under special act 969 115 

EVIDENCE— 

Transcript from clerk's record is prima facie 959 111 

EXAMINATIONS AND CERTIFICATES— 

Examination of teachers 869 77 

by county superintendents 873 79 

Fee for certificate 872, 875, 876 79-82 

Certificate, to whom granted 875 81 

to whom not granted 875 81 

where valid 875 82 

revocation when 877 82 

how revoked 872 79 

procedure 878 83 

fact of revocation published, when 878 83 

university graduates entitled to 1054 151 

Normal graduates entitled to 871 77 

Professional certificates, how obtained 870 77 

State certificates lapse, when 870 78 

State certificates, first class 871 78 

State certificates, second class 871 78 

Certain diplomas rated as certificates 871 78 

Grades how established ,... 874 80 

Permits to teach 874 80 

Questions to be prepared by state superintendent 751 20 



262 INDEX 

EXAMINATIONS AND CERTIFICATES— Continued. Section Page 

Re-examination 874 81 

Special in music, drawing, kindergarten, etc 871 79 

EXPENDITURES— 

Not to exceed revenues lOlS 131 

FARGO, CITY OF— 

Independent district (Appendix A) 219 

FEEBLE MINDED— 

Compulsory education 894 89 

Enumeration of 835 52 

FINES AND PENALTIES— 

Child labor 898 92 

Compulsory education 897, 898 91-92 

Disturbing schools 90S 94 

Embezzlement of funds 904 93 

Failure to display flag 1029 136 

to endorse unpaid warrants 906 93 

to make reports 377 220 

False reports 907 94 

Falsifying election returns 901 92 

Neglect of duty by a school officer 900 92 

Officer being interested in contract 902 92 

Refusing to- act as member of board of education 1018 132 

Speculation in office 9402 225 

Trustee of industrial school interested in contract 1177 182 

Under city ordinances 1017 132 

Unlawfully drawing school money 903 93 

FIRE ESCAPES FOR SCHOOL HOUSES— 
Chapter 124, Laws 1909. 

Fire escapes, provides 55, 

Duty of school officers 55 

Penalty 55 

FLAG— 

(See United States Flag) " 1029 136 

FORESTRY, SCHOOL OF— 

(See School of Forestry) 1231 185 

FREE KINDERGARTENS— 
Chapter 103, Session Laws 1900. 

Kindergartens may be established 62 

Cost, how paid 62 

Teachers, certificates for 62 

FREE TEXT BOOKS— 

Contract for, time limit 1027 135 

Price lists, publishers must file 1027 135 

Provided, when 1028 136 

Publishers must deposit samples 1027 ■ 135 

School board has authority to adopt and supply 1027 135 



INDEX 263 

GEOLOGICAL SURVEY— Section Page 

Appropriation for 1070 154 

Duty of trustees of university 1068 154 

Trustees of university shall cause to be made 1063 153 

GOVERNOR— 

Ex-officio member of board of management of normal 

schools 1077 156 

of high school board 1031 139 

HEALTH AND DECENCY— 

Duties of school board as to 1038 142 

HIGH SCHOOLS— 

Board of education to establish and maintain 960 (3) 112 

HIGH SCHOOL BOARD— 

Amount paid to classified schools 1034 140 

Appropriation for aid 1034 141 

Appropriation limited 1035 141 

Examination of students for admission 1032 139 

Funds pro rated if appropriation is insufficient 1034 141 

Members to serve without pay 1035 141 

must visit schools or designate some one to visit 1034 ' 140 

names of (Appendix G) 247 

Of whom composed 1031 139 

Powers of 1036 141 

Records of 1037 142 

Requirements for classification 1033 140 

What schools entitled to be classified 1032 139 

HITCHING POSTS— 

Board must provide four 1089 142 

holidays- 
No school on 882 84 

What are (Note 27, Appendix D) 238 

ILLITERACY— 

Legislature to prevent 151 12 

IMPROVEMENTS TO SCHOOL GROUNDS— 
Chapter 201, Session Laws 1909. 

Tree planting 56 

Fences 56 

Amount expended annually 56 

INDEBTEDNESS— 

Bonds to pay outstanding 910 94 

Equalization of 964 75 

by board of education 969 115 

Indebtedness declared legal, Chap. 49, Session Laws 1909 63 

Bonds may be issued when 64 

Pending actions not interfered with 64 



264 INDEX 

INDEPENDENT SCHOOL DISTRICTS— Section Page 

Bonds, authority to issue * 1006 128 

Boundaries of 995 124 

Debts of old districts, new to assume 1019 133 

Election of boards of education 92 123 

Funds of, paid to city treasurer 1007 128 

how kept and how paid out 1009 129 

Health and decency, duty of board as to 1038 142 

How organized 992 123 

Name of 995 124 

Special Laws (Appendix A) 219 

Taxes , limitation 1005 127 

Title to property is in district 1014 131 

Treasurer, report of, when 1016 132 

contents of 1016 132 

Under special law, abolished 1024 134 

equalization of debts and assets 1026 135 

INDUSTRIAL SCHOOLS— 

(See Normal and Industrial School.) 

INSTITUTE FUND— 

(See School funds) 876 82 

How created 772 27 

Use of 772 27 

INSTITUTION FOR FEEBLE MINDED— 

(See sections 1160 to 1171, inclusive; pages 176 to 180, 
inclusive.) 

INTEREST— 

Unpaid warrants bear -815 43 

INTEREST FUND— 

For bonds, general statute 3000 223 

LAND GRANTS— 

To educational institutions ■ 17, 216 9-17 

Sale of lands 160 14 

LIBRARIES— 

Appropriation for 750 20 

District . . . . ; 822 45 

District and traveling, state superintendent to select and 

purchase books for 750 20 

Library commission (see state library commission) .... 136 

LIGNITE COAL— 

State institutions to use (Note 30, Appendix D) 240 

LISBON, CITY OF— 

Independent district (Appendix A) 219 

MAINTENANCE— 

Of state institutions 838, 839, 840 54 



INDEX 265 

MORALS, PUBLIC— Section Page 

Importance of, to be taught 149 12 

Instruction 888 86 

MORTGAGES— 

Investment of schools funds in 983 120 

Not to exceed ten years 983 120 

by whom and on what lands 983 120 

foreclosure 984 122 

paid after five years 984 121 

NARCOTICS— 

Duty of board as to 76 7 

Effect to be taught 75 7 

ditto 883 84 

Examination of teachers with respect to 77 7 

NON-RESIDENT PUPILS— 

Board of education may admit 860 (14) 1012 113-131 

when (Note 14, Appendix D) 236 

NORMAL AND INDUSTRIAL SCHOOL— 

Board of trustees, appointment of 1174 180 

bond 1176 181 

compensation 1175 181 

disposition of funds, shall direct 1178 183 

meetings, when, where, number 1175 181 

not to be interested in contracts 1175 181 

oath of 1176 181 

organization 1175 ISl 

quorum 1175 181 

reports, when, by, to whom 1180 184 

shall audit accounts 1178 183 

term of office 1174 181 

vacancies, how filled 1174 181 

Building, erected where 1177 183 

plans and specifications for 1176 182 

proposals for 1177 183 

Endowment 1173 180 

Faculty, powers 1179 184 

reports 1180 184 

trustees shall employ 1179 184 

Gifts, donations, etc • 1178 183 

Location 1172 180 

Management 1174 180 

Object 1172 180 

State treasurer, custodian of funds 1178 183 

Superintendent of construction 1177 182 

Military instruction to be given (Chap. 167, Session Laws 

1909) 184, 185 



266 INDEX 

NORMAL GRADUATES— Section Page 

Certificates, first and second class 871 78 

Professional 870 77 

NORMAL SCHOOLS— 

Board of management, compensation 1080 157 

consisting of how many 1077 156 

duties as to funds 1083 158 

fix salaries of employes 1084 158 

for each normal school 1076 156 

have management of property 1084 158 

propose names- of teachers 1084 159 

report to trustees 1084 159 

Board of trustees, biennial report 1089 160 

commissions 1079 157 , 

compensation *. . . . 1080 157 

determine length of school term 1085 159 

ex-officio members 1077 156 

fix salaries of instructors ■ 1085 159 

how constituted 1077 156 

meetings, when and where 1080 15.7 

limit 1080 157 

organization 1078 156 

secretary 1078 156 

salary 1080 157 

term of 1078 156 

vacancies 1078 156 

Course of study (subs. 2, 3, 4, page 23) 1082 158 

Diplomas, who entitled to 1090 160 

Endowment and maintenance 1075 156 

Faculty, annual report of ' 1088 160 

powers and duties of 1086 159 

Graduates, normal certificates 871 78 

professional certificates 1091 160 

Grant county certificates of the second grade (Chapter 

100, session laws 1909) 232 

Land grant 17 9 

Location, where 1074 156 

Management of 1076 156 

Non-sectarian 1082 158 

Object 1082 158 

Principal, duty of 1087 159 

Qualifications 1078 156 

State professional certificate 1091 160 

State treasurer to keep funds 1081 157 

Superintendent of construction 1063 158 

compensation of 1083 158 

Tax levy for maintenance — 

15-100 of a mill for Valley City 838, 839, 840 54 

13-100 of a mill for Mayville 840 54 



INDEX 267 

NORTH DAKOTA ACADEMY OF SCIENCE— 

(See Academy of Science.) Section Page 

NORTH DAKOTA EDUCATIONAL ASSOCIATION— 

Teachers may attend 53 

Board may allow 63 

OATH OF OFFICE— 

Board of education 978 llf; 

Filed with clerk 978 11« 

Form of (Note 32) . . 978 118-240 

Where filed 817 44 

OFFICE— 

Term of (Note 9, Appendix D) 235 

OFFICIAL BONDS— 

(See bonds, official.) 
PENALTIES— 

(See fines and penalties.) 
PERMITS TO TEACH— 

Granted, when 874 80 

To whom granted 875 81 

not granted 875 81 

PHYSICAL EDUCATION— 

Teachers to give 889 87 

POLL TAX— 

County auditor to levy 855 72 

POOL ROOMS— 

(See public places, certain.) 
PRESIDENT OF SCHOOL BOARD— 

(See school board.) 
PROPERTY— 

May be taken by gift or devise 1014 131 

Not subject to lien 1014 131 

Title to is in district 1014 131 

PUBLIC INSTITUTIONS— 

Location of 215, 216 16-17 

PUBLIC MORALS— 

To be inculcated by teachers 888 86 

PUBLIC PLACES, CERTAIN— 

Minors, under 18 years of age and pupils of local high 
schools not allowed to visit, be employed or play 

games in (Chapter 130, Laws 1909) 143 

when may be allowed to visit, play games or be em- 
ployed in (Chapter 130, Laws 1909) 143 

Penalty (Chapter 130, Laws 1909) 143 

PUPILS— 

. Teachers may suspend 825, 886 47-86 

may grade 887 86 



268 INDEX 

QUARANTINE— Section Page 

Effect on teachers' salary (Note 21, Appendix D) ..... 238 

READING CIRCLE— 

(See Superintendent of Public Instruction.). 

REAL estate- 
How conveyed 951 109 

ditto 1015 131 

REFORM SCHOOL— 

Continuation and use 10325 187 

Land grant to ^ 17 9 

Location of •. 10325 187 

REFUNDING BONDS— 
(See bonds, municipal.) 

REPORTS, OFFICIAL— 

Superintendent of public instruction 760-761 22-22 

SALARY— 

County superintendent 77 28 

District treasurer 818 44 

Superintendent of public instruction 763 23 

Teachers,' graded 823 46 

SCHOOL BOARD— 

Action on treasurer's bond 817 44 

Annual statement, treasurer must publish 814 43 

Blanks, must furnish 409 220 

Bonds, may purchase 914 1 14 

Cancellation of paid bonds 917 9l) 

Census 935 -52 

Clerk of 807 4.' 

ditto (Note 11, Appendix D) 236 

compensation 810 41 

duties 810 4l 

vacancy 862 74 

Compensation 808 4r. 

ditto (Note 12, Appendix D) 236 

Consolidation of schools 832 50 

Contracts, not to have interest in 902 92 

Course of study and additional branches 826 47 

Depositaries, may designate 914 97 

District high school, election for 834 51 

Employ and dismiss teachers 823 46 

Equalization of indebtedness 864 75 

Fix length of school held each year 832 50 

Free text books, power as to 1027 135 

Funds, treasurer pays out, how 814 43 

Furniture and apparatus 822 45 

Indebtedness, equalization of 864 75 



INDEX 269 

SCHOOL BOARD— Continued Section Page 

Investment of funds 983 120 

may buy bonds 983 (3) 121 

Government and discipline of schools 825 47 

Health and decency, duties as to 1038 142 

Hitching posts, must provide 1039 143 

How constituted 806 40 

Length of school year 832-833 50,51 

Library 822 44 

Meetings, regular 808 40 

special 808 40 

New school for remote pupils 831 49 

Not less than six months school 832 49 

Oath of office 806 40 

Organization 807 40 

Physical education, make provision for 889 87 

Powers, general 819, 820, 821 44-45 

President, duties of 809 40 

duty as to compulsory education 896 91 

Proposals for building school houses 918 99 

Pupils, conveying 832 50 

from other districts, may admit 824 46 

from unorganized districts 824 46 

non-residents, may admit (Note 14, Appendix D) .. 236 

suspension and expulsion of 825 47 

transfer, may 824 46 

transportation of, routes of travel 832 50 

Purchase of site 831 50 

Quorum 806 40 

Records, open to public 836 53 

Remote pupils, new - school for 831 49 

Repairs, fuel and supplies 821 45 

Report library statistics 822 45 

Schools, establishment of new for remote pupils 831 49 

School house, may permit use for other purposes 828 47 

conditions on which use is permitted 828 47 

Speculation in office prohibited 9402 225 

Stables, in rural districts, supplies, fuel and repairs... 1039-821 143-44 

Tax levy 854 71 

for sinking fund and interest on bonds 914 97 

how made and when made 827 47 

no abatement after notice to county auditor 827 47 

Teachers, employ and dismiss 823 46 

no relative employed without unanimous consent .... 819 44 

Text books, free, powers as to 1027 135 

Treasurer, bond of 811] 42 

additional bond 812 42 

action on 905 93 



270 INDEX 

SCHOOL BOARD— Continued Section Page 

fidelity company 813 42 

premium, district must pay 813 42 

. vacancy 811-812 42 

Truant officer, may employ when 896 91 

Vacancies 861 74 

SCHOOL CALENDAR— 

Appendix E 241 

SCHOOL DISTRICTS— 

Apportionment forfeited 847 67 

Bonds, meeting to vote on (see election's) 910 94 

Boundaries 786 32 

changed when districts in two townships i 792 (5) 35 

future changes in 793 35 

general changes in 792 (6) 35 

rearrangement of 792 34 

Civil township in a single district 792(1) 34 

Conditions on which organized . 786 32 

Congressional township a single district 792 (2) 34 

Consolidated, when 792 (4) 34 

Contracts of, irregular, ratified 796 36 

County commissioners, duties of 786 31-32 

County treasurer, accounts with 852 70 

Debt of, bonded, to be included in — . 183 16 

estimate 183 16 

bonded in excess of 5 per cent void 183 16 

credit of district, for what . . . .i 185 16 

may be pledged 185 16 

evidence of, to be properly endorsed 187 18 

no bill to be paid until statement is filed and audited 186 16 

not to exceed 5 per cent of valuation 183^ 16 

payment of principal and interest to be provided for. . 184 16 

Decisions of supreme court (Appendix C) 226-234 

Divided when 943 107 

Division to form special district 937 . 105 

of property on division of district 945 107 

of by natural obstacle 788 32 

Election on bonds, petition for 911 95 

Fractional township may be consolidated 790 33 

General changes in boundary lines 792(6) 35 

Having no school board, creditors, how paid 858 73 

taxes in 858 73 

Irregularities legalized 796 36 

May sue and be sued, contract and hold property 794 36 

Name of 791 33 

New, how formed 787, 793 32-35 

Notice of first election 798 37 



INDEX 271 

SCHOOL DISTRICTS— Continued. Section Page 

Not entitled tO' tuition fund unless enumeration taken... 847 66 

unless 50 per cent of children enumerated attended 

school sixty days 835 52 

unless school was maintained six months in old dis- 
trict and four months in new 847 67 

Numbers of 791 34 

old, retained " 791 34 

Officers in new district i 797 37 

election of 797 37 

term of , 797 37 

Organization (Note 8, Appendix D) 235 

Partly organized territory 792 (3) 34 

Petition for organization 786 31 

Plats, county auditor to furnish 795 36 

Polling places, fixed by county superintendent 798 37 

Property pledged as security for bonds 986 122 

Schools must be free 894(4) 90 

School houses already built may be bonded for 919 99 

Security for bonds, property is 986 122 

Special and independent, entitled to tuition fund, when. 894 89 

Territory in two counties, how divided 788 32 

To conform to' civil township 785 31 

Town or village divided by county line 789 33 

Treasurer's bond, action on 905 93 

Tuition fund, not entitled to unless enumeration taken. . 847 66 

unless 50 per cent of children enumerated attended 

school sixty days 835 52 

unless school maintained six months in old district and 

four months in new 847 67 

What constitutes 784 31 

What territory may be organized into 786 31 

SCHOOL FUNDS— 

County tuition fund, how apportioned 855 (2) 72 

how levied 855 72 

Decisiions of supreme court (Appendix E) 241-243 

Deposit in depository releases treasurer from liability.. 914 98 

District funds controlled by treasurer 846 66 

not entitled to unless enumeration made 847 66 

unless children enumerated attended school sixty days 835 52 
unless school was maintained six months in old dis- 
trict and four months in new 847 67 

treasurer's books, how kept 846 66 

Embezzlement of 904 93 

How paid out ; 814 43 

Institute fund, fee for certificates 876 82 

Interest coupons, payment of 985 122 



272 INDEX 

SCHOOL FUNDS— Continued. Section Page 

Investment of 983 120 

school board may buy bonds 983 (1), (3) 155 120-121 

in mortgages 983 (4) 121 

Not to be used for private or denominational schools 

(Appendix D, note 17) 237 • 

Permanent and general funds 199 206 

apportionment of 154 12 

care of 165 15 

created 13, 153, 159 8-12-14 

investment of 162 15 

proceeds from land sales 159 14 

Special funds, defined 845 66 

State tuition fund apportionment 843 64 

by county superintendent 848 67 

by state 844 65 

county treasurer, duty of 844 64 

defined 845 66 

excess, how used 845 66 

State tuition fund, how raised 843 64 

how used 845 66 

interest on permanent fund kept separate 844 65 

independent and special districts entitled to, when . . . 849 68 

new district 847 67 

state auditor, duty of 844 65 

warrants on state treasurer 844 65 

Surplus, disposal of 991 123 

withheld when clerk fails to make enumeration 847 66 

when 50 per cent of children of school age do not at- 
tend school 60 days 835 52 

when school is not maintained six months in old dis- 
trict and four months in new 847 66 

Unlawful drawing, penalty for 903 93 

When county treasurer to pay district treasurer 851 .70 

SCHOOL OF FORESTRY— 

Board of directors, appointment of 1232 185 

audit accounts 1235 186 

commissions 1233 186 

compensation 1234 186 

meetings 1234 186 

special 1234 186 

oath 1233 186 

organization 1238 186 

quorum 1233 186 

reports 1236 187 

vacancies 1232 186 

Course of study 1231i 185 

Location 1231 185 



INDEX 273 

SCHOOL OF FORESTRY— Continued. Section Page 

Management 1232 185 

Object 1231 185' 

Tax levy for maintenance 838 54 

2-100 of a mill 840 54 

SCHOOL HOUSES— 

Board of Education to buy or build 960 (4) (5) 112 

Board of education must consult with county superin- 
tendent of schools and county superintendent of health 

on plans for construction, lighting, heating of etc 829 48 

Board of inspection, who constitutes 829 48 

duties of 829 48 

Bonds for building 910 94 

of contractors 6252 224 

how executed 6252 224 

Contracts for building 965 114 

Location of (Note 5, Appendix D) 235> 

May be used for other purposes 828 4T 

Plats of one or two room buildings to be furnished by 

state superintendent 829 49 

Proposal for building 918 99 

SCHOOL LAWS— 

Revision of by commission, (Chapter 105, Laws 1909).. 24 

Report to legislature (Chapter 105, Laws 1909) 24 

Superintendent of public instruction shall publish 756 21 

SCHOOL OF MINES— 

Land grant to 17 9 

Location of 215(2) 17 

Tax levy for maintenance 838 54 

SCHOOLS, PUBLIC— 

Free public school system 783 30 

Always under state control 152 12 

Bible not to be excluded from 888 80 

Close for teacher's institutes 885 85' 

Course of study 883 84 

Must be free 894 89 

Must be maintained 4, 69, 147, 148 8-10-11-12 

Must be non-sectarian 147 11 

Willful disturbance of, penalty for 908 94 

SCHOOL SITES— 

Bonds for purchase of 910 94 

How obtained 830 49 

selected 829 48 

New school for remote pupils 831 49 

Purchase of 831 49 

Reversion 830 49 

—18— 



274 . INDEX 

SCHOOL TREASURER— Section Page 

Accounts, how kept ■ 850 68- 

settlement, when .•.■...■.•...■....■.:: ....................... 850 68 

Action on bond 817 44 

ditto 905 93 

Additional bond, when required 812 42 

• Bond of 811 41 

premium on 813 42 

Bonds, municipal, shall negotiate 915 98 

County treasurer to pay funds to, when 851 70 

Deposit in depository releases from liability 914 98 

Embezzlement of funds 904 93 

■ Endorsement on unpaid warrants 815 43 

False reports, penalty for 907 94 

Funds, how paid out '. 814 43 

Liability, exempt from on deposit with depository 914 98 

Notice to drawee of unpaid warrants 815 43 

bond of 968 115 

duties of 967 115 

Records open to public 836 53 

Reports, form of 850' 69 

on -triplicate -. .' 850 69 

raise, penalty for ^. 907 94 

; Salary of '. 818 44 

Surety bond 813 42 

Unlawful drawing of money 903 93 

penalty for 903 93 

Vacancy . , ,,,,,,,.,. 811 42 

. Warrants, unpaid to be endorsed , , 815 43 

penalty for failure 906 93 

notice to drawee, when sufficient funds 815 43 

When county treasurer to pay funds to 851 70 

SCHOOL MONTH— 

Defined ••••.• 882 84 

SCHOOL TERM— 

, Increased on petition 833 51 

Length, and how fixed ,....,.,,..... 832 50 

Maximum length of 833 51 

'Special districts, length of , , 960(11) 113 

SCHOOL WEEK— . . 

Defined 882 84 

SCHOOL YEAR— 

. i Defined .,,,,..,,.,,,.,....,.,. .....,,, 882 84 

fSEALS— 

'■'' Board of education, independent district 999 125 

''County superintendent 768 26 

'■Superintendent of public instruction — 758 21 



INDEX 275 

SECRETARY BOARD OF EDUCATION- Section Page 

„ ^. r 1(002 l^o 

Duties of 

SINKING FUND- ^^^ ^^^ 

i"^^^^"^^"^ f -""'''"'""":::.:. 3001 224 

To pay bonds 

SITES— 

(See school sites.) 
SPECIAL DISTRICTS- ^^ ^^^ 

Cr^^'^^no . ••••• ^^^ 

Constituted, when 

Division of property ••■• 

Duty of board as to health and decency ^^^ ^ - 

^, . , r . 939 IOC 

Election to form ^^^ 

of board of education ;J 

. r 972 llo 

r^''^^ f 973 117 

form of ^Qg 

Formation under present law -^^ ^^^ 

How organized ^ ■ ^^o 

Investment of funds ' 

May become part of general district, when, how J< ii^ 

'^^^'■'^'^ ■■ 937 105 

What may become 



210 
9402 225 



SPECIAL LAWS— 
Independent districts (Appendix A) 

SPECULATION— 
In office prohibited 

STABLES- ^ 

In rural districts ^^^^ 

STATE AUDITOR- 

Deaf and dumb school, issued certificates 1150 im 

Industrial school, warrants for 11^5 1«^ 

Institute fund, warrants on , °^" _ 

School funds, authority to draw warrants on 160 191 

Tuition fund, state duties as to ^44 

STATE GEOLOGIST- 

Professor of geology at university -L^oy a^ 

STATE HIGH SCHOOLS— 

(See high school board.) 
STATE INSTITUTIONS— 

Heads of (Appendix G) 

STATE PUBLIC LIBRARY COMMISSION— 

Appropriation (Chapter 156, Laws 1909) 

Assist in organizing libraries 

Composed, how 

Duties • 

Legislative reference bureau, shall establish 



247 

139 
188 
137 
137 
138 



276 ^ INDEX 

STATE PUBLIC LIBRARY COMMISSION— Continued. 

Section Page 

Librarian, may appoint 138 

Office, where 139 

Officers 137 

Powers 137 

Records, what to consist of 138 

Reports to legislature on what 138 

Rules for transacting business, shall make 137 

for borrowing, returning and caring for books 138 

Term of office of members of commission 137 

Vacancy, how filled 137 

Who are members 137 

STATE PROFESSIONAL CERTIFICATES 869 77 

For life ,. 1091 160 

Five years : . . 1091 160 

STATE REFORM SCHOOL— 
(See reform school.) 

STATE TREASURER— 

Custodian of school funds 157 190 

Of securities 157 190 

Of funds of Academy of Science 1098 162 

Of Industrial school 1178 183 

Of Reform school (Revised Codes, 1905) 10329 

Collect money due on securities 158 191 

Keep funds of normal schools 1081 157 

Report collections on school land sales 158 191 

STATE TUITION FUNDS— 
(See school funds.) 

STATE UNIVERSITY— 

■ (See university.) 

STATUTES— 

Not included in school laws (Appendix ,B) 220 

STIMULANTS— 
(See narcotics.) 

STUDIES— 

Assignment by teacher 887 86 

SUPERINTENDENT— 

Board of education may employ 960 (9) 112 

Schools, supervision of 962 113 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Appeals from county superintendent, shall determine ... 754 21 

Prescribe procedure 754 21 

board of university and schools lands, member of . . . 749 19 

bond (Note 1, Appendix D) 234 

Books, reports and so forth to be preserved 748 19 

Biennial report 760 22 



INDEX 277 

SUPERINTENDENT OF PUBLIC INSTRUCTON— Continued. 

Section Page 

Confer with county superintendents 757 21 

Course of study in public schools, prescribed 752 20 

for normal schools, Chapter 100, Laws 1909 23 

County superintendents shall advise 754 21 

Diplomas from university, endorsement of 1054 135 

Educational association, publish proceedings of 762 23 

Election of 747 19 

Examinations, teachers shall prepare questions 751 20 

Have general supervision of public schools 749 19 

High school board, member of 1031 139 

Normal school board, member of 749 19 

ditto 1077 156 

Office of 82 10 

Powers and duties 83 10 

Purchase books for district and traveling libraries 750 20 

Qualifications for 82, 747 10,19 

Records, shall keep 755 21 

Biennial report, what to contain 760 22 

Printing and distribution of 761 22 

Revoke certificates 751 20 

Salary 84, 763 10, 23 

Traveling expenses 763 23 

Term of office 82, 747 10, 19 

School laws, shall have printed 750 20 

Seal of 758 21 

Supplies, blanks and so forth, to furnish 750 20 

Teachers examinations, duties as to 869 77 

Institutes, assist at 759 21 

Appoint conductors 891 87 

Cpurse of study prescribed 753 20 

Rules and regulations prescribed 753 20 

Reading circles prescribe course 753 20 

Training schools, prescribe course 753 20 

Text books, supply list of 1037 135 

Vacancy .-, 859 74 

SUPPLIES— 

State superintendent to furnish 750 20 

SUPREME COURT DECISIONS— 
Appendix C 226-234 

SUPREME COURT REPORTS— 

Secretary of state shall furnish university 1059 152 

SURETY BONDS— 

May be required (Revised Codes 1905) 4455 

SUSPENSION OF PUPIL— 

By school board ' 825 47 

Teacher 886 74 



278 INDEX 

TAXES— - Section Pag6 
Annual school tax 964 Ill- 
Bonds issued when tax insufficient : . . . 979 118 

Delinquent 855 (3) 72 

Equalization of debts, maximum levy for 866 76 

paid tO' district treasurer 867 76 

How and when collected 853 70 

In districts having no school board 858 78 

Levy for sinking fwtd and interest "on bonds 914 98 

ditto 982 179 

how made and when 827 47 

ditto 854 71 

Maintenance of state institutions 838 54 

Resolution by board of education tO' provide for 982 120 

To pay bonds 982 120 

To pay divided bonded indebtedness 866 76 

To pay judgment ' 854,856 71-72 

To pay previous debts and .to equalize 865 75 

Maximum levy for all purposes 868 76 

Refund when 853 71 

School board cannot abate after notice to auditor 827 47 

Uniform, must be 856 73 

• What property taxable 963 114 

Independent district — 

board of education, powers as to 1003 127 

collection of 1004 127 

limitation on 1005 127 

School lands, when subject to 191 202 

Support of state institutions, how apportioned .... 840-841 54-55 

TEACHERS— 

Board of education, duties as to 960 112 

Bible reading of 888 ' 86 

Ce'rtificate and permit, to whom granted 875 81 

aliens, not entitled to (Note 25, Appendix D) 238 

Professional 869-1091 77,238 

Third grade (Note 19, Appendix D) 237 

Contract must be in writing 823 46 

Not affected by change in district (Note 20, Appendix D) 237 

When void 875 82 

Decisions of supreme court (Appendix C) 226-234 

Examination for certificates 869 77 

Excuse from attendance at institute, when 769 26 

Institutes, must attend 767, 885 25, 85 

Penalty for failure •. 885 85 

May suspend pupil 886 86 

Moral instruction by 888 86 

No compensation when 880' 83 



INDEX 279 

TEACHERS— Continued. Section Page 
Normal students in university to file declaration of inten- 
tion to teach 1057 152 

Notice of beginning and closing terms of school 819 83 

Permits to teach (Note 18, Appendix D) 237 

Physical exercise, instruction in 889 87 

Qualifications of 875 81 

Re-examination when 874 80 

Register, what to contain 881 83 

Report to county superintendent 881 84 

Report and salary (Note 22, Appendix D) 238 

Salary in case of quarantine (Note 21, Appendix D) .. 238 

graded 823 46 

To grade pupils 887 8G 

Wages held back, when 881 84 

Who may be 823 46, 

TEACHERS INSTITUTES— 

(See superintendent of public instruction.) 

Appropriation for 890 87 

by county commissioners 898 89 

Conductors, appointment of 890 87 

Funds 890 87 

■■; how paid out 892 88 

Notice of 885 85 

Rules and regulations, state superintendent to prescribe 753 20 

TEACHERS READING CIRCLE— 

(See superintendent of public instruction.) 

Fees from normal and professional certificates 872 79 

TERM— 

Of office (Note 9, Appendix D) . . . 235 

caunty superintendent 764 25 

state superintendent 747 19 

Of school (see school term). 

TERRITORY— 

Adjacent, how attached 949 108 

Divided, when 943 107 

by natural obstacle ^ ■ ■ • • 788 32 

to form special district 938 105 

In two counties 788 32 

New districts may include what 787 32 

What may be organized 786 31 

TEXT BOOKS, FREE— 
- (See free text books.) 

TITLE— 

How acquired 830 49 



280 INDEX 

TOWNSHIP— Section Page 

Civil may be organized into school district 792 (1) 34 

Congressional may be organized 792 (2) 34 

Fractional may be consolidated , 790 33 

TRAINING SCHOOLS, TEACHERS— 
(See superintendent of public instruction.) 

TRAVELING EXPENSES— 

Of state superintendent 763 23 

TREASURER— 
(See school treasurer.) 

(See state treasurer.) 
TRUANT OFFICER— 

School board may employ 896 91 

TRUSTEES— 

(See under various institutions.) 
TUITION FUND— 

(See school funds.) 
UNITED STATES BONDS— 

Investment of school funds in 983(1) 120 

UNITED STATES FLAG— 

To be displayed when 1029 136 

Penalty for failure 1029 136 

UNIVERSITY— 

,University part of free public school system 783 30 

Board of trustees adopt rules of government 1046, 1057 147, 151 

Budge, WiUiam, Hfe member of 1041 146 

campus, may lease 155 

cause weather reports to be kept 1065 153 

compensation ..,...., 1056 151 

distribution of reports 1048 148 

elect president and faculty 1046 148 

Hx salaries 1058 152 

from same county, limit 1042 147 

geological and natural history survey 1063 153 

gelogical map 1067 154 

government of university 1041 146 

how appointed 1042 147 

maintain museums 1066 153 

may expend income 1047 147 

may remove president or any professor . . . ., 1046 147 

may unite any college with university 1047 147 

meetings 1044 147 

number of, limited ^045 147 

officers and records 1043 147 

powers and duties 1043 147 

prescribe requirements for admission 1057 15! 



INDEX 281 

UNIVERSITY— Continued. Section Page 

Board of trustees, rules for management of property . . 1048 148 

Quorum 1044 147 

reports as to surveys 1068 154 

to governor 1048 148 

secretary, duties 1043 147 

superintendent of buildings and grounds 1043 147 

vacancies 1042 147 

Course of instruction 1051 150 

Departments 1050 149 

Diploma, endorsement of by state superintendent ...... 1054 151 

Geological survey, extent of . 1064 153 

appropriation for 1070 154 

Graduates entitled to certificate to teach 1054 151 

Instruction to be' non-partisan and non-sectarian 1046 148 

Land grant to 17 9 

Location 215, 1040 17,146 

Muskets, loan of, authorized 1061, 1062 152,153 

Normal graduates, professional certificate 870 77 

students file declaration of intention to teach 1057 152 

Object 1050 149 

Official publications to be furnished 1059-1060 152-153 

President, member of high school board 1031 139 

and faculty, powers 1049 148 

elected by trustees 1046 148 

salaries to be fixed by trustees 1058 152 

Pupils, who may become 1053 151 

Rents, penalties, etc., from lands 842 55 

Requirements for admission, trustees to fix 1057 152 

Scandinavian language 1052 150 

State geologist, professor of geology is 1069 154 

Tax levy for maintenance 838 54 

30-100 of a mill 840 54 

Tuition fees 1055 151 

VACANCIES— 

(Notes 3 and 9, Appendix D) 234,235 

Board of education, how filled 977 118 

independent district 998 125 

County superintendent 860 74 

Director of school of forestry 1232 185 

Election board 802 39 

Failure to give bond 968 115 

treasurer of independent district 1008 129 

School clerk 862 74 

treasurer 811 41 

Superintendent of public instruction 859 74 

—19— 



282 INDEX 

UNIVERSITY— Continued. Section Page 

Trustee of agricultural college 1102 163 

blind school • 1153 174 

deaf and dumb school 1184 169 

industrial school 1174 180 

normal school 1078 156 

When 863 75 

VOTE— 

Who may 799 38 

VOTERS— 

Privileged from -arrest, when 123 11 

Residence not lost, when 125 11 

Soldiers and sailors, not residents '. . 126 11 

Who are 121 11 

are not 127 11 

qualified (Note 10, Appendix D) 236 

women are, when 128 11 

WARRANTS— 

Decisions of supreme court (Appendix C) 226-234 

Money paid only on proper 967 115 

no money paid except on proper 814 43 

Notice to drawee of sufficient funds ' 815 43 

Only for prior indebtedness 816 43 

Penalty, failure to endorse unpaid 906 93 

Unpaid bear interest 815 43 

to be endorsed 815 43 

What to specify 816 43 

WATER CLOSETS— 

School board must provide 1038 142 

WALCOTT— 

Independent district of (Appendix A) 219 

WEATHER REPORTS— 

To be kept at university 1065 153 

WEEK, SCHOOL— 

Defined 882 84 

WOMEN— 

Are voters, when 128 11 

YEAR, SCHOOL-^ 

Defined 882 84 



LEJL '10 



